Environmental Crime Management

Litter is one of the most significant low-level environmental crimes affecting the UK.

Litter is perhaps one of the most significant low-level environmental crimes affecting the UK. It is commonly assumed to include materials that are improperly discarded. An offence for littering is committed if the waste is discarded in a manner that it will be left by an individual.

Legislation

An offence for littering is committed if waste materials are discarded and left behind by an individual. The current legislation that is used for littering offences falls under the Environmental Protection Act 1990 sec 87.

If an authorised officer proposes to give an individual a notice under this legislation, that officer may require the individual to provide their name and address details.

Click here for more information.

Cigarette waste

Discarded cigarette butts are the most common form of littering, found on 79% of the 7,200 sites surveyed as part of our recent Local Environment Quality Survey of England 2017/18.

The website below provides more information about cigarette waste and its impact on the environment. https://www.keepbritaintidy.org/local-authorities/reduce-litter/smoking-related-litter/binthebutt

Public Spaces Protection Orders (PSPOs) are intended to deal with nuisance or problems in an area that cause harm to the quality of life of the local community.

The power to make a Public Spaces Protection Order was given to District Councils by the Anti-Social Behaviour, Crime and Policing Act 2014.

For more information visit the following website:
https://www.local.gov.uk/sites/default/files/documents/10.21%20PSPO%20guidance_06_1.pdf

Offences that fall under a PSPO include:

• Dog fouling
• Violating a dog exclusion zones (e.g. marked sports pitches, play areas, etc.)
• Exceeding a stated maximum number of dogs
• Dogs off lead (in areas where dogs must be kept on the lead)
• Dogs off lead by instruction (when owner refuses to place dog on a lead if requested by an authorised officer)
• No means to pick up dog faeces (if approached by an authorised officer and asked to provide such ability)
• Cycling/skateboarding (in areas where cycling/ skateboarding is prohibited)
• Anti-social drinking in a prohibited area
• Spitting/Urinating/Defecating

Dog fouling and its effects

Dog fouling is not only deeply unpleasant, but also dangerous. Contact with dog excrement can cause toxocariasis – a nasty infection that can lead to dizziness, nausea, asthma and even blindness or seizures.

For more information regarding the health effects of dog fouling, visit the following website:
https://www.keepbritaintidy.org/faqs/advice/dog-fouling-and-law

The Care Act 2014 makes provision for the safe management of waste to protect human health and the environment.

The duty of care applies to anyone who imports, produces, carries, keeps, treats, disposes of, or acts as a dealer or broker that has responsibility for controlled waste (referred to below for the purpose of this Code as a ‘Waste holder’).

Failure to comply with the duty of care is an offence with no upper limit on the courts’ power to fine. In some instances, a Fixed Penalty Notice (FPN) may be issued for failure to comply with the duty of care in place of prosecution.

Definition of a Waste holder:

• Waste producer – any person whose activities produce waste. This includes private sector businesses such as shops, offices, factories, and tradespersons (e.g., electricians, builders, glaziers, and plumbers) and public sector services such as schools, hospitals, and prisons, as well as charities and voluntary and community groups. It also includes permitted operations or exempt facilities that produce waste as part of their activities. If you conduct a waste operation that changes the nature or composition of the waste, you are the producer of the waste. Waste producers play a key role under the duty of care requirements as they are in the best position to identify the nature and characteristics of the waste.
• Waste carrier – any person, who normally and regularly collects, carries, or transports waste during any business or with a view to profit, including those that produce and transport their own waste e.g., builders and landscape gardeners.
• Waste dealer – any person, business or organisation that buys waste with the aim of subsequently selling it, including in circumstances where the dealer does not take physical possession of the waste.
• Waste broker – any person, business or organisation that arranges waste transportation and management of waste on behalf of another party, such as organisations contracting out waste collection services e.g., local authorities, supermarkets, and producer responsibility compliance schemes.
• Waste manager – any person involved in the collection, transport, recovery, or disposal of controlled waste, including the supervision of these operations, the aftercare of disposal sites and actions taken as a dealer or broker

A separate duty of care applies to householders (occupiers of a domestic property), limited to taking all reasonable measures available to them to ensure their waste is transferred to an authorised person.

Under Environmental Protection Act 1990 section 33 anyone who produces waste has a duty of care to ensure that it is disposed of properly.

The registered keeper of a vehicle is liable for conviction if their vehicle is used during a fly-tipping offence.

Investigation, penalties and prosecution

The Environment Agency may investigate if the incident is large-scale, serious, organised illegal dumping or immediately threatens human health or the environment. A private investigation will be conducted on land or water as relevant and may lead to enforcement action. Investigations may also be triggered by landowner reports of fly-tipped waste on their property.

Assess the incident

Information on the following will be gathered as part of an investigation:

• The circumstances, for example if anyone witnessed the fly-tipping, the date and time it happened and a description of any vehicles involved
• Land type, for example relevant land or privately owned
• Location, for example highway verge, back alleyway, railway embankment or river
• The amount and type of waste, for example solid, liquid or gas
• Its potential effects, for example how it may harm people, animals or the environment

Penalties and notices

Fixed Penalty Notices (FPN) may be issued following an investigation, as guided by the enforcement policy in place.

An FPN may be served and enforced requiring the occupier of the land to remove the fly-tipped waste and remediate the land.

FPNs will not be issued for:

• Operators in the waste management industry
• Repeat offenders
• Those responsible for large-scale fly-tipping or the fly-tipping of hazardous waste

These incidents will be enforced by Local Authorities using existing prosecution powers.

Prosecutions

Prosecutions following an investigation may employ the following legislation:

• Environmental Protection Act 1990 section 33
• Environmental Permitting (England and Wales) Regulations 2010, regulations 12 and 38
• Environmental Permitting (England and Wales) Regulations 2010, schedule 21 – water discharge activities

Convicted parties can be fined an unlimited amount or imprisoned for up to 5 years.

If an investigation results in a conviction, this result will be reported to the Environment Agency to enable the review of relevant licences or permits.

Claiming costs

Costs spent on investigation of an incident, clean up and enforcement work may be reclaimed from either: The polluter, the occupier or landowner.

Prevent fly-tipping

Refer to guidance by the National Fly-tipping Prevention Group on how to prevent fly-tipping and see examples of Local Authority best practice: http://www.tacklingflytipping.com/home/1508