Find out about the different types of waste-related environmental crimes that are enforced.
The amount to pay for each fine is set by Government legislation under the Environmental Protection Act and not by local government.
Authorities can choose not to apply the maximum levy should they wish, which is the case in LB Sutton. The maximum penalty for littering offences under the current legislation is £500 and for fly-tipping is £1,000. Meanwhile, the LB Sutton fines the minimum value of £150 and £400, respectively.
The income raised from fixed penalty notices is used to fund the cost of providing the service. The current contract does not generate significant sums of money. The number of fines issued to date is lower than forecast based on the resources available to us. Any surplus income goes towards funding education, awareness campaigns, the cost of providing enforcement services and the cost of providing a street cleansing service.
We regularly run advertising campaigns, and place signage in areas of high footfall, to remind people of their responsibilities. If warning signs are not present, this does not excuse someone from acting in an anti-social manner. If you need to look around for a warning sign before dropping litter etc. then you probably already know that the action is illegal.
Council Tax revenue pays for a wide range of essential services including such things as the Police, Fire and Rescue, road maintenance and social services. Spending money on cleaning up your litter means that less can be spent on essential services.
Dropping litter is a criminal offence under Section 87 of the Environmental Protection Act 1990.
Littering is anti-social and illegal. People caught littering in Sutton can receive an on-the-spot fine called a Fixed Penalty Notice (FPN) of £150. If a person is taken to court the fine could be up to £2,500.
If you've received a FPN for littering, you can pay online.
The most common types of street litter are:
There are plenty of bins throughout the borough to dispose of litter.
Smokers can get rid of their butts in a street litter bin. Care should be taken to make sure that the cigarette has been completely put out to avoid causing a fire by igniting the contents of the bin. Putting it down a drain is still an offence.
Offering to pick up the litter is not a legal defence to committing the offence. If you are caught by an enforcement officer you should expect to receive a fine.
Spitting in public is generally considered illegal in the UK, as it is classified as a form of littering and can result in a fine if caught. Most local councils will enforce it, allowing them to issue fixed penalty notices for spitting in public places.
Besides legal implications, spitting in public is considered unhygienic and disrespectful behaviour. Spitting and urinating in public are both considered a types of littering and are treated as such.
Fly-tipping is a criminal offence under Section 33 of the Environmental Protection Act 1990. Fly tipping is the illegal dumping of items including household, industrial, and commercial waste.
Anyone caught flytipping in Sutton can receive an on-the-spot fine called a Fixed Penalty Notice (FPN) of up to £1,000
Around two-thirds of fly tips are household waste. These are all examples of fly-tipping which you could be fined or prosecuted for:
Fly tipping:
Section 46 of the Environmental Protection Act 1990 requires residents to dispose of household waste in the correct bins. The section also allows waste collection authorities to specify the rules for waste collection.
Section 46 requires that residents must:
Section 46 notice includes:
If a resident doesn't comply with a Section 46 notice they may receive a fixed penalty notice. The resident may be offered assistance and advice to resolve their problems. Household waste collections may be suspended
What a waste collection authority can specify:
It is an offence to leave household or commercial bins on a public highway which can block access. This is under The Deregulation Act 2015 Schedule 12 Section 20.
There is a fixed penalty notice of £60.
We are working hard to make Sutton one of the safest and cleanest parts of the Capital. An important part of this is to make sure that the footpaths are clean and free of obstruction. This is important for:
All households should put their wheelie bins out for collection at the edge of their property where possible. Where they will not cause an obstruction to pedestrians and road users. Make sure your bins are out at 6 am on your collection day, and they are removed from the highway at the end of your collection day.
Enforcement officers will be patrolling the borough and any household found to be leaving their bins on the public highway for extended periods of time before and after their scheduled collection and or using their wheelie bins as a means of reserving parking spaces on the public road may be issued such a fine.
The Dogs (Fouling of Land) Act 1996 states that it's an offence to not clean up after a dog in public spaces.
A Fixed Penalty Notice of up to £50 can be issued to anyone who doesn't clean up after their dog.
If the case goes to court, the owner could be fined up to £1,000.
Dog fouling is a health hazard because it can contain bacteria and parasites that can infect humans.
Ways to help prevent dog fouling:
Under the Environmental Protection Act 1990 under Section 34 the duty of care is a legal requirement for those dealing with certain kinds of waste. You need to take all reasonable steps to keep it safe.
The high streets,shopping parades and retail areas need to remain clean, inviting and free of obstruction. This is important for:
As a business, it is important that you have arrangements in place for the safe storage, collection and disposal of any waste that you may generate from your premises.
There are 2 options available to businesses:
Having one of these arrangements is to make sure that businesses are legally compliant with waste disposal. This is also to make sure that businesses are disposing of waste in the correct manner and not fly-tipping, leaving it for someone else to clear or mixing it with household domestic waste.
Enforcement officers will be patrolling the borough and may visit any business premises to make sure you have either of the arrangements in place.
Should any business be found to not have either of these arrangements in place you could be issued a Fixed Penalty Notice. This can be £400 for any fly-tipping and a further £300 under Duty of Care for not having suitable waste disposal provisions in place
Where on any occasion an authorised officer of a litter authority finds a person who they have reason to believe has on that occasion committed an offence under section 87 above, they may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
If an authorised officer of a litter authority proposes to give a person a fixed penalty notice the officer may require the person to give him his name and address.
A person commits an offence if:
or
A person guilty of this offence under section 88/subsection (8B) of the Environmental Protection Act may be liable on summary conviction to a fine not exceeding level 3 on the standard scale up to £1,000
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