To consider a report by the Community Resilience Manager seeking approval for the utilisation of powers contained under Section 34 (2A) of the Environmental Protection Act 1990 in relation to Duty of Care.
Contact:Claudia Deeth - (01480) 388233
Minutes:
With the assistance of a report by the Community Resilience Manager (a copy of which is appended in the Minute Book) the Committee considered a proposal to issue Fixed Penalty Notices to residents for failing to ensure that their household waste is transferred to an authorised waste carrier under Section 34(2A) of the Environmental Protection Act 1990.
By way of introduction, Members were advised that incidents of Fly Tipping continue to have an impact across the District and were reported on an almost daily basis. It was envisaged that the ability to utilise powers in relation to Duty of Care would enable the District Council to increase awareness of the responsibilities of individuals when disposing of their waste and contribute to the District Council’s overall efforts to tackle the ongoing issues relating to the illegal disposal of waste.
In terms of calls for service in relation to incidents of the illegal disposal of waste, the Committee were advised that in 2019 there had been 985 reports of fly-tipping and there have been 115 in the year to-date. The Community Resilience Manager undertook to circulate further details in relation to the number of investigations undertaken. In response to a question regarding the impact of the recent changes by the County Council to Household Waste Recycling Centres, it was noted that this was being reported as a reason by those issued with Fixed Penalty Notices.
In considering the proposal, Members of the Committee recognised the need to address the ongoing issues particularly in light of the number of complaints received from parish councils but expressed concerns particularly in relation to the potential impact on the more vulnerable members of society who may not understand their new responsibilities. In this regard, Members were reassured to hear that there would be an extensive awareness raising campaign, that cases would be considered individually on a case by case basis and it was not the intention to penalise more vulnerable individuals. The education of the potential users of these services would also help to assist in the identification and prosecution of fly-tipping offenders and that this would always be the first and preferred approach. There would also be the opportunity for individuals to appeal if they felt that they had been wrongly issued with a Fixed Penalty Notice.
In a similar vein, concerns were expressed that the proposal should be targeted at the perpetrators of fly tipping themselves. However, Members were advised that several current prosecutions had identified the need to target the providers of the waste and the Committee received assurances that the approach to the issue of Fixed Penalty Notices would not be overly forceful. Members were advised that by educating individuals as part of the communications campaign it was hoped to have a significant impact on the levels of fly-tipping within the District and a number of Members of the Committee took the view that individuals need to take responsibility for the disposal of their waste and that there was a balance to be struck in this regard.
Members emphasised the need for a more extensive communications campaign before the introduction of any Fixed Penalty Notices and it was agreed that the proposal for a 28-day campaign was insufficient and should be extended to 1stJune 2020. It was also suggested that as part of the campaign, information should be provided on what can and can’t be currently taken to household waste recycling centres, a list of approved waste carriers and details of the Council’s Bulky Waste Disposal Service. The Committee agreed that District Council Members also had a role to play in providing information to their parish councils and the Community Resilience Manager was asked to draft an article for circulation which could be incorporated into local parish magazines, together with an appropriate press release. Comment was also made regarding the potential to provide information by way of a ‘bin hanger’ on residents refuse bins and the Community Resilience Manager undertook to give this further consideration.
Members were also of the opinion that the education of residents could also address the differences between household waste and commercial waste recycling centres where there was often confusion and provide information concerning restrictions surrounding their use.
The Committee went on to discuss the penalties which were issued to the perpetrators who were found to be fly-tipping and it was reported that these individuals could be issued with a Fixed Penalty Notice of £400, the maximum which could be applied. The District Council did undertake a number of prosecutions, but potential prosecutions needed to be considered on a case by case basis and the likely outcomes taken into consideration. Members also noted that the District Council have in the past also attempted to utilise powers to confiscate vehicles to deal with the problems within Huntingdonshire. The Committee were keen to emphasised that the perpetrators of fly-tipping should receive the brunt of any penalty system and should always be the primary focus of efforts to address fly-tipping.
During the discussions, Councillor A Diaz expressed her concerns with regards to the proposals and suggested an alternative approach involving for example, the provision of greater information from the District Council or a significantly longer communications campaign to see if this had any potential impact before the introduction of any fines were introduced.
Whereupon having acknowledged that the new powers would be utilised sparingly, that residents have an individual responsibility to ensure that their waste is disposed of appropriately and on the understanding that an extensive communications campaign would be put in place until the later date of the beginning of June, it was
RESOLVED
a) that delegated officers of the District Council be given authority to issue Fixed Penalty Notices for the offence of Duty of Care for incorrectly disposing of household waste under Section 34(2A) of the Environmental Protection Act;
b) that the level of Fixed Penalty Notice be set at £250;
c) that authority be given to the District Council’s Chief Operating officer to delegate responsibility to identified officers to issue Fixed Penalty Notices for Resident Duty of Care Offences from 1st June 2020; and
d) that an update be presented to the next meeting.
Supporting documents: