Fly Tipping

The Problem

The Environment Agency and Swale Borough Council are clamping down to try and reduce the amount of fly tipping in the Swale area. In the last year, there were 8,354 incidents of fly tipping, which cost the council more than £500,000 to clear up.

Fly tipping is a scourge on the Kent countryside. It costs local authorities and the Environment Agency millions of pounds every year in clean up costs - money that could be put to much better use.

Anyone who creates waste has a duty of care to ensure that it is disposed of in an appropriate manner. This is just one example of how key partners are working together to educate, and advise householders and businesses of their responsibilities. By tackling the problem at source we will create a cleaner Kent

Builders and householders need to realise that waste is their responsibility and that they must use registered waste carriers to dispose of waste. If they don't, and their waste is fly tipped, they could face a court appearance and fines of up to £5,000 - just for trusting the wrong person with their waste. If we cut out the waste available to fly tippers, we can put them out of business.

If a waste carrier is legal, they will be registered with the Environment Agency. To check your waste carrier contact 08708 506506 (ask your carrier for their waste-carrier registration number) and request an instant waste carrier validation check. Or you can check on their website: Environment Agency. Tradesman and Waste Carriers who wish to become licensed waste carriers must register with the Environment Agency.

If you wish to find your nearest waste site, visit the Waste Directory and enter your postcode

Examples of successful prosecutions

Two prosecuted because their waste was 'dumped' (example from August 2007)

Two Swale businessmen whose rubbish ended up being fly tipped in Faversham have been prosecuted, fined £400 each, and ordered to pay costs.

The partners in the Sittingbourne company 'The Fireplace, (Eurolink Industrial Estate in Sittingbourne), Mr Reynolds of Vigo Lane, Borden and Mr Laskey of Chalkwell Road, Sittingbourne, pleaded guilty at Sittingbourne Magistrates Court on Monday, 6 August to offences under Section 34 of the Environmental Protection Act 1990.

Action was taken by Swale Borough Council after rubbish found fly tipped at Concrete Road in Faversham in October 2006 was traced back to their company. The court found that the men did not ensure that their waste was disposed of properly but had ended up being fly tipped in a country lane. Magistrates, before fining the pair, described fly tipping as 'a social evil'.

Alister Andrews, environmental response manager said: "We work closely with our colleagues in the Community Safety Partnership by taking action against irresponsible people like this.

The community can help the Community Safety Partnership to clamp down on the people that spoil Swale with their unwanted rubbish. Please report fly tipping by calling the Community Safety Partnership's 24-hour line for reporting anti-social behaviour 01795 417575 or Swale Borough Council on 01795 417850.

If you witness the offence taking place and have information which would help in catching offenders you can also call the police on 01622 690660 or crime stoppers on 0800 555111 if you wish to remain anonymous.

Businessman found guilty of fly tipping (example from August 2007)

Mr Williams of Hampshire Drive, Maidstone pleaded guilty to an offence under Section 34(1) (a) of the Environmental Protection Act 1990 at Sittingbourne magistrates court. Section 34 of the EPA 1990 outlines the 'duty of care' that applies to anyone who produces 'controlled wastes'. These include household, industrial and commercial wastes.

Waste consisting of car parts, packaging, spray cans, and pallets were found fly tipped at an orchard in Deerton Street, Teynham in September 2006. Swale Borough Council's Street Wardens, and Enforcement Officers investigating the case, traced the source of the waste back to a company that Mr Williams was operating. Interviews and investigations could not determine who actually fly tipped the waste. However, Mr Williams admitted to not taking enough action to prevent someone fly tipping the waste. Mr Williams was fined seven hundred pounds, and charged one hundred pounds in costs.

Alister Andrews Swale Borough Council's Environment Response Manager said:

"We are delighted at this result. All too often we find waste which has been tipped, which we can trace back to individuals, yet they have no idea how the waste came to be fly tipped, or who took their waste away. This result sends out a clear message to producers of waste that they need to ensure that their rubbish is disposed of properly, by a registered waste carrier, at an appropriate site. By complying with this 'duty of care', owners of waste will be able to demonstrate who took their waste away, and where it was being taken to. If someone offers to take your waste away it is imperative that you check that they are registered to do so by contacting the Environment Agency".

If you would like to report a case of fly tipping within Swale, please call Swale Borough Council on 01795 417850.

 
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