Councils warned against using new waste crime powers to raise revenue

The government has this week issued guidance for councils on using new powers to fine householders up to £400 for failing to ensure they gave their waste to a licensed carrier.

The guidance, which can be viewed here, also makes clear that councils should not use these fines as a means of raising revenue.

The Department for the Environment, Food and Rural Affairs said: “To strike the right balance householders should not be fined for minor breaches, and the guidance also stresses that consideration should be given if the individual is a vulnerable person due to age related ill-health or a mental or physical disability.”

It claimed that the new penalties, which are expected to come into force early next year, will make it easier for councils to tackle fly-tipping and provide an alternative to putting cases through the courts “which can be a lengthy and costly process”.

In 2016-17 clearing up fly-tipping incidents cost councils in England £57.7m, with around two thirds of all fly-tipped waste containing household waste, DEFRA said.

Environment minister Thérèse Coffey said: “Fly-tipping is an unacceptable blight on our landscapes. Many people do not realise they have a legal duty to look up waste carriers and we want councils to step up and inform their residents.

“We must all take responsibility and make sure our waste does not end up in the hands of criminals who will wilfully dump it and these new powers will help us to crack down on rogue waste carriers.”

The government has also this week published its response to its consultation on tackling poor performance in the waste sector more widely. New measures include a requirement for all waste facilities to have a written management plan to minimise the risks of pollution to the environment, and making it harder for applicants with relevant past offences to obtain a permit to operate a waste facility.

Last year councils issued 69,000 on-the-spot fines for fly-tipping offences.

Checking whether a waste carrier is certified or not can be done on Environment Agency’s website.