Leaflet: Your rubbish and the law in PDF format - Carlisle City Council

Pre-treatment of wasteUnder the landfi ll regulations introducedin 2002, certain wastes such as tyres andinfectious clinical wastes from hospitals,medical or veterinary establishments arebanned from landfi ll. Wastes that areexplosive, corrosive, fl ammable or oxidisingare also banned, as are new or unidentifi edchemical substances whose effects on manand the environment are unknown.From 30 October 2007, all liquid waste isbanned from landfi ll and all non-hazardousand inert waste has to be treated before itcan be sent there. For general waste thismeans that a proportion of each waste streamshould be separated for recycling or it mustgo through a sorting facility.The Environment Agency recommendsthat you produce a written declarationthat states:• Who has treated the waste• The type of treatment that has occurred(if any)• The amount of waste that has beensorted out for recovery or alternativetreatment (if relevant)The Environment Agency also recommendsthat you should include the declarationwith your waste transfer note, and keep acopy with your waste transfer records. Atthe moment, the obligation not to acceptuntreated waste or questionable loads restswith the landfi ll operator and it is they whoshould notify the Environment Agency ofbusinesses which persistently fail to pre-treattheir waste.The Environment Agency wantsbusinesses to:• Think about what happens to their waste• Consider the different treatment anddisposal options• Boost the recovery and recycling of wasteFor more detailed information pleasevisit the Environment Agency website –www.environment-agency.gov.uk

Extended Enforcement Powers under the CleanNeighbourhoods and Environment Act 2005The Clean Neighbourhoods andEnvironment Act 2005 provides localauthorities, parish and community councilsand the Environment Agency with moreeffective powers to enforce environmentalquality regulations, including those outlinedin the duty of care regulations.Section 35 ensures that individuals caughttransporting controlled waste without alicence can no longer avoid liability byclaiming they were acting under theiremployer’s instructions.Section 38 allows authorised officers toissue a fixed penalty notice to individualswho are unable to produce authority fortransporting controlled waste.Section 40 removes the defence of actingon an employer’s instructions for theunauthorised or harmful deposit, disposal,treatment or keeping of waste. Thereforeany individual caught illegally depositing,keeping, treating or disposing of waste canno longer avoid liability by claiming that theywere acting under employers’ instructions.Section 37 provides authorised officerswith certain powers to stop, search andseize any vehicle believed to be used for thetransportation of controlled waste withoutbeing registered.Section 46 allows an authorised officeror constable seizing a vehicle to removethe seized property to a place that theyconsider appropriate.

Litter and refuseLocal authorities also have additionalpowers contained within the EnvironmentalProtection Act 1990 to deal with wastefrom your premises and any accumulationsof litter that may arise.Section 47Waste containersIf it appears to a waste collection authoritythat there is likely to be situated, on anypremises in its area, commercial waste orindustrial waste of a kind which, if the wasteis not stored in receptacles of a particularkind, is likely to cause a nuisance or to bedetrimental to the amenities of the locality,the authority may require the occupier ofthe premises to provide at the premisesreceptacles for the storage of such waste ofkind and number specified.Your local authority can specify:• The type and number of wastereceptacles needed to contain the waste• Where they should be placed to facilitatetheir emptying• Substances or articles which shouldnot be placed in them, as well as theprecautions that should be taken whereparticular substances or articles areplaced in them• The steps you should take to help in thecollection of waste from receptaclesFines for not complying are up to £1,000 onconviction, or a local authority officer mayissue a fixed penalty notice of £100 if noamount is specified locally.

Section 93 (1)Controlling street litterLitter free areasWhere a litter problem occurs on astreet directly adjacent to certain typesof business, local authorities can issue aStreet Litter Control Notice. There is norestriction on the type of litter for which thismay be used, however they are primarilyused to deal with litter caused by eating“on the go” and smoking, as well as litterfrom cash points.The notice is issued to compel theoccupier or owner of the businessor premises to clear up the litter andimplement measures to prevent theland from becoming defaced again.Street Litter Control Notices are issuedunder sections 93 and 94 of theEnvironmental Protection Act 1990.Local authorities are allowed to issuea fi xed penalty notice to any personwho has not complied with a StreetLitter Control Notice.The Department for Environment,Food and Rural Affairs (Defra) has produceda voluntary code of practice for reducinglitter caused by “food on the go” which setsout recommendations to help businesses,local authorities and otherland owners or occupiers to worktogether to resolve the problem.See www.defra.gov.uk/environment/quality/local/litter/documents/fastfoodcop.pdf

Section 94 (4)The requirements which may be imposedby a Street Litter Control Notice shall relateto the cleaning of litter or refuse from thespecified area and may in particular require:(a) The provision or emptying of receptaclesfor litter or refuse(b) The doing within a period specified ...any such thing as may be so specifiedincluding the standards to which anysuch thing must be done(c) The doing ... at such times or intervals,or within such periods, of any such thingas may be so specifiedA local authority has powers to forcebusinesses to clean the area in front of theirpremises, provide and empty bins and doanything else which may be necessary toremove litter. It is in your interests to controlthe rubbish coming from your premises toavoid it becoming litter. It is an offence tofail, without reasonable excuse, to meet theterms of a Street Litter Control Notice anda person could be fined up to £2,500 orreceive a fixed penalty of £100 (or any otheramount within a range set in regulations) fornon-compliance.Section 99Stray shopping trolleysWhere any shopping or luggage trolley isfound abandoned, the local authority mayremove the trolley. Local authorities cancollect abandoned shopping (and luggage)trolleys and charge owners for theirremoval, storage and disposal. If after sixweeks the trolley has not been collected,the local authority may either sell or disposeof it. Adopting a deposit system, installingobstacles that prevent trolleys being takenoff the site or publicising a trolleycollection service will helpcontrol this problemand prevent retailersbeing charged fortrolley collections.Trade wasteIt is unlawful to put trade or commercialwaste in litter bins. They are strictly forgeneral litter.Your business must have a trade wastecollection agreement with the localauthority, the council’s contractor or aprivate contractor authorised to handlewaste. Contact your local authority in thefirst instance to discuss your requirements.

Guidelines for keeping yourpremises clear of litter and refuse• Provide enough litter bins, preferablycovered. Locate them in the mostconvenient position in both working andnon working areas of the premises, insideand out• Ensure bins are of sufficient size for thequantity of litter produced• Empty and clean bins on a regular basis• Set aside adequate storage space fortrade waste, either inside the building orin an enclosed area outside• To prevent spillage or refuse bagssplitting, put refuse out as near aspossible to the time of collection• Refuse containers should be taken backinto your premises immediately after theyhave been emptied to avoid unsightlinessand danger to pedestrians• Trade refuse containers must be ofadequate capacity and in good condition• Place refuse containers in a shelteredplace to avoid spillage and exposureto wind. Keep them secure from theft,vandalism, animals or scavengers• Takeaway food shops should have litterbins outside their premises (by agreementwith the council) and display noticesencouraging customers to use them• Carry out regular clean ups, including therear of premises, car parks and deliveryand storage areas• Encourage a litter-conscious attitudeand code of conduct amongst staffat every level. Train new staff to followthese guidelines• Keep within the law by having a traderefuse collection agreement either withthe council, the council’s contractoror a private contractor authorised tocarry waste

Summary of powers to tackle litterand refuse on private landThere are other sections of legislation that can be used to tacklelitter and refuse on private land, and they are summarised below.Sections 92A – Cincluding 94AEnvironmentalProtection Act 1990Section 59EnvironmentalProtection Act 1990Part III(Statutory Nuisance)EnvironmentalProtection Act 1990Section 215Town and CountryPlanning Act 1990Section 22 (3)Control of PollutionAct 1974Local authorities have the power to issue a litter clearingnotice which requires occupiers or land owners to keeptheir property clear of litter and refuse. Land must berestored within a minimum of 28 days to a standardspecifi ed by the local authority under the terms of thenotice. It may also specify requirements to prevent theland from becoming defaced again. Failure to complywith a notice is an offence – the local authority can cleanup the land and recharge the costs, and the offendercould face a fi ne of up to level four on the standardscale or £2,500.Provides powers for waste regulation authorities andwaste collection authorities to require the removalof waste unlawfully and knowingly deposited. If theoccupier or owner fails to comply, the authority canenter the land, remove the waste and recover the costsfrom the occupier.District councils can serve an abatement notice if anaccumulation or deposit is considered to be prejudicialto health or a nuisance. Reasonable costs can berecovered. Inert material, however, would not becategorised as a statutory nuisance.Allows an authority to serve a notice on the owners andoccupiers of land, requiring the site to be tidied up if thecondition of any land is in such a state as to adverselyaffect the amenity of the neighbourhood.Provides a power to district councils to arrange,with the agreement of the person owning or occupyingthe land, for the cleaning of land in the open air (otherthan a highway) to which the public has access.Charges will be paid by the owner or occupier.

Section 78Public Health Act 1936Section 34Public Health Act 1961Section 6Refuse Disposal(Amenity) Act 1978Provides powers for district councils to sweep andcleanse any courtyard or passage which is used incommon by the occupants of two or more buildings (butis not a highway repairable by the inhabitants at large)and which is not regularly swept and kept clean to thesatisfaction of the authority. The council may recoverreasonable expenses from the occupiers of the buildings.Provides a power to remove from any land in the openair any rubbish that is seriously detrimental to theamenity of the neighbourhood. Rubbish is defi ned asincluding rubble, waste, paper, crockery and metal.Gives district councils the powers to remove fromland open to the air or on a highway anything that hasbeen abandoned without lawful authority. If the land isoccupied, the council must give notice of their intentionto remove.Costs can be recovered from the person leaving therefuse or a person knowingly permitting it.Section 4Prevention of Damageby Pests Act 1949A local authority can serve a notice requiring an ownerto remove, at their own expense, accumulated wastewhere damage by pests is likely to occur. Costs can berecovered should the council have to remove it.

Useful contactsThe Environmental Protection Act 1990 and Clean Neighbourhoods and EnvironmentAct 2005 can be downloaded from: www.opsi.gov.uk. Printed copies can also be orderedfrom The Stationery Offi ce.Printed copies of individual sections of the Clean Neighbourhoods and Environment Act2005 or the complete set of Defra guidance can be ordered from Defra Publications,Tel: 08459 556 000. Guidance on individual sections of the Act can also be downloadedfrom: www.defra.gov.ukKeep Britain TidyElizabeth House, The Pier, Wigan, WN3 4EXt: 01942 612621f: 01942 824778e: enquiries@keepbritaintidy.orgw: www.keepbritaintidy.orgYou can order further copies of this publication free of charge through the ‘Order Materials’section of the Keep Britain Tidy website.Sign up as a supporter of Keep Britain Tidy– visit www.keepbritaintidy.org and lookunder the “Get Involved” section.DISCLAIMERThis document can only serve as a guide to and synopsis of the law relating tobusinesses and their responsibilities with regard to litter and refuse. It does notconstitute legal advice. Full legislation is available through: www.opsi.gov.uk.If you wish to take advice or pursue a case, you must seek independent legal advice.