What the law states
Section 34(2A) of the Environmental Protection Act 1990 states
“It shall be the duty of the occupier of any domestic property in England to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.”
Fly-tipping is a serious crime and carries a power of arrest by the police. It can:
- Have a devastating and costly impact on the environment attracting vermin
- Have a detrimental effect on people’s lives in so many ways, including the family of an offender if sent to prison
- Cost in the region of £100 - £150 million each year to clean up waste
- Attract other incidents of tipping and quickly degrade the area
- Encourage an increase in crime and other anti social behaviour
Very serious fly-tipping offences will be sent for trial at Crown Court. A convicted offender can be fined an unlimited amount and can also receive a maximum 5 years prison sentence. Those offences which can be dealt with at Magistrates Court can carry a maximum penalty of 12 months imprisonment and a maximum fine of £50,000.
What the law means to the householder
It means you have a legal Duty of Care in respect of your household waste. When paying somebody to dispose of your waste, you must check their credentials and only hand it to them if they are an authorised Waste Carrier.
If a trader is not registered, there may be no guarantee that your waste will be disposed of legally.
To check whether a carrier is registered, visit the Environment Agency 
website
website TOR2 is a registered waste carried and can safely arrange a collection of your waste Visit the special collection page.
What the law means to the trader
Local authorities increasingly and actively publicise the danger of employing illicit carriers and encourage residents to check before parting with their waste. Registering with the Environment Agency may bring you more business, as householders seek to fulfill their duty of care.
Register and publicise your credentials. Make sure any advertisement you place or flyer you may put through doors bears that information and ideally, provides your EA registration number for householders to check. Registration costs £154 for 3 years.
It is exemplary practice to provide householders with a Waste Transfer Note so they can describe their waste to you
For information on how to register, contact the Environment Agency
Changes to the rules governing Waste Carriers are detailed in the Waste Framework Directive .
.Related Websites
Contact
- Email: community.protection@torbay.gov.uk
- Tel: 01803 208025
- Fax: 01803 208854
