Decision details

The Director of Highways & Streetcare informed Members of the amendments to the Environmental Protection Act 1990 to include a fixed penalty notice as a means of disposal of a fly tipping offence instead of taking the matter to court. He advised that the amendment focuses on small scale fly tipping of up to 4 black bags. Commercial and hazardous waste would not be afforded this option and would be taken to prosecution. The measures have been taken to avoid small scale fly tippers from attending court.

The Cabinet Member for Environment, Leisure & Heritage Services welcomed the amendments to the Act and the inclusion of a fixed penalty notice, commenting that any funds received through FPNs would be invested back into the service. 

The Leader and Deputy Leader also spoke of the affects fly tipping have on the communities of the County Borough and the work undertaken by the dedicated fly tipping officer and the service area to address the problem.

County Bough Councillor S Bradwick also spoke on this item.

Following discussions it was RESOLVED:

1.    To set the amount of the  small-scale fly-tipping Fixed Penalty Notice at £400 with no early payment scheme. This ability to issue a fixed penalty notice is an amendment under Section 33z(b) of the Environmental Protection Act 1990.