Types of waste-related environmental crimes

Littering

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:

• drink cans and cartons 
• crisp and sweet packets
• fast food containers
• cigarette butts
• chewing gum 

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

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:

• a bag of rubbish left on public land
• items left next to full recycling banks
• things like white goods (fridges, freezers), furniture and mattresses dumped on the street or on private land
• donations left outside a closed charity shop

Fly tipping:

• is expensive to deal with - we spend a huge amount of money every year cleaning up fly tips and we would rather spend that money on frontline public services
• is dangerous to people, animals and the environment
• is ugly - it spoils our towns and devalues the local area
• encourages others to dump more waste
• attracts other anti-social behaviour such as graffiti and vandalism

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:

• place waste in the correct bin for collection 
• follow the rules for managing their household waste 
• present waste for collection in the specified manner for example presenting the correct waste in the correct place on the correct collection day

Section 46 notice includes:

• instructions on how to store, dispose of, and present waste for collection
• information on what to put in each container
• information on what to do with waste containers between collection days

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:

• size, construction, and maintenance of the receptacles
• day of collection
• frequency of collection
• waste streams allowed in each type of waste container

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:

• blind and partially sighted people
• wheelchair and mobility scooter users
• pushchairs
• those who struggle to negotiate or move objects that are causing an obstruction

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.

Report dog fouling

Report dog fouling online

How to prevent dog fouling

Ways to help prevent dog fouling:

• always carry a bag to clean up after your dog.
• dispose of the bag in a litter bin or take it home.
• train your dog to go on their own property. 
• don't let your dog roam the streets without you.
   

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: 

• blind and partially sighted people
• wheelchair and mobility scooter users
• pushchairs
• those who struggle to negotiate or move objects that are causing an obstruction

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:

1. Have a valid contract with a licensed waste carrier that will supply bins or sacks and collect these from a set location on a prescribed period. This is known as a commercial waste contract and tends to be what businesses will use if they generate sufficient volumes of waste.
2. Apply to the government for a waste transfer note also known as a duty of care. This is used by businesses that do not generate large amounts of waste. They will have an alternative arrangement to transport their own waste to a registered or authorised disposal point. You can apply for a duty of care on Gov.uk 

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:

• they fail to give his name and address when required to do so 

or

• they give a false or inaccurate name or address in response to a requirement

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