New fly tipping powers approved by East Devon’s Cabinet
New powers to crack down on fly tippers who blight areas of East Devon have been approved by the district council’s Cabinet.
It means that offenders who irresponsibly fly tip their waste, can be issued with a fixed penalty notice of £400. The new controls will be used by council officers to deal with small, medium and large fly tipping offences by householders or unauthorised “man and a van” operations. Offenders issued with fixed penalties will be given the option to pay a reduced fine of £200 within ten days of receiving the notice. All offenders will also be charged the costs of clearing up the mess.
The new powers were introduced by the Government in May under the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 as part of the Environmental Protection Act 1990. Officers can now serve a fixed penalty notice on a person who they have reason to believe has committed a waste deposit offence. The investigation of very large scale commercial fly tips will remain the responsibility of the Environment Agency.
Previously the council had three options to deal with fly tippers. Officers could issue a fixed penalty notice of £80 which is used for littering offences, give a formal caution or go through a costly, lengthy and complex prosecution through the courts. The new powers mean that fly tippers can be dealt with more quickly and effectively.
Cllr Iain Chubb, the council’s portfolio holder for the Environment, said: “We live in a beautiful area with two thirds of the district designated as Areas of Outstanding Natural Beauty and we want to keep it that way.
“People who illegally dump their waste are scarring our wonderful Jurassic coastline and countryside and we will not tolerate such activity. Promoting our outstanding natural environment is one of our top priorities and we hope that these new powers will stop potential fly tippers in their tracks.”
The new powers are expected to be ratified by the full Council when it meets in July.
East Devon deals with an average of 40 fly tips a month costing the council tax payer up to £50,000 a year in clearance costs.
Residents can help the council catch fly tippers by reporting any suspicious activity. You can do so through our website at www.eastdevon.gov.uk or by calling 01395 516551 to give confidential details, particularly of the offenders or vehicles used to commit fly tipping offences.
Residents and others using contractors to take waste away are strongly advised to keep the address and contact details of the person, and their vehicle details, as if a contractor fly tips waste and cannot be traced, the householder will be liable for the fixed penalty notice and clear up costs.
