Incorrectly presented household waste

What is incorrectly presented household waste?

Recycling and waste can sometimes be put out incorrectly. This is usually when:

  • it is put out on the wrong day
  • it is put out after collections have happened
  • it is left in the wrong place for collection
  • they are items that cannot be collected

When this happens, it can lead to:

  • a lower quality in the local environment
  • more animal scavenging and litter from split sacks
  • changes to the way people feel about their street
  • an increase in anti-social behaviour
  • an increase in the fear of crime that then affects people’s quality of life
  • potential arguments between neighbours

If Southend-on-Sea Borough Council become aware of recycling or waste being put out incorrectly, we will aim to explain how this is:

  • causing a problem, and
  • damaging to the area

Sometimes we may have to give clear instructions to residents that continue to put out their recycling and waste out wrongly, by giving them a formal Warning Notice.

If the Warning Notice is ignored there is an enforcement process. This can result in a Fixed Penalty Notice of £80 being given for each offence.

Residents are always contacted before we start the enforcement process. We will:

  • make it clear how recycling and waste must be put out for collection
  • explain what the enforcement process will be if recycling and waste is still put out incorrectly

How to report incorrectly presented waste

If you are aware of someone that keeps presenting their recycling or waste wrongly you can report it under fly-tipping by visiting MySouthend.

Will every report lead to enforcement action?

No, we usually search for evidence of who has put the recycling or waste out incorrectly.

Where there is no evidence and you have witnessed the items put out, we may ask if you are willing to give us with a Witness Statement. If you cannot it may not be possible to start enforcement action.

If we cannot give a warning notice, we will always contact the person putting items out wrongly and advise them of how to put their recycling and waste out correctly.

Frequently Asked Questions – incorrectly presented waste enforcement

What powers do Southend-on-Sea Borough Council have?

We have powers to tell householders how waste containers, such as:

  • sacks
  • boxes
  • bins

should be displayed for collection.

The powers come from section 46 of the Environmental Protection Act 1990 and by section 58 of the Deregulation Act 2015.

These set out an enforcement process for household waste offences (section 46A of the Environmental Protection Act 1990), which includes giving a Warning Notice.

When will a Warning Notice be given and what will it say?

If there is incorrectly presented recycling or waste and it seems to be:

  • causing a problem
  • damaging to the area

then a Warning Notice will be given to the person who is doing it.

The Notice will set a date for when the person must start presenting their recycling or waste correctly. It will also set out:

  • what the person must do when presenting their recycling and waste for collection
  • how it is causing a problem or affecting the local area
  • how the enforcement process will begin if the person ignores the Notice

How should recycling and waste be put out for collection?

It must only be placed out:                                                               

  • at an accessible point
  • in a visible location
  • inside the boundary of your land

Recycling and waste must not be left on the:

  • public footpath
  • verge
  • road

When recycling and waste is put out:

  • it must only be placed out on your collection day.
  • if you do not know your collection day, you must contact us at once.
  • it needs to be placed out by 7.00am on your collection day. Collections begin at 7.00am.
  • if you do not have land to place it on, it may be left on the public footpath, as close to your home as possible by 7.00am on your collection day only.
  • bulky items must not be left on the footpath or verge. They should be booked in for a chargeable collection by booking online or telephoning 0203 567 6955. If it is not, it may be classed as fly-tipping.
  • bulky items can also be taken to either Leigh Marsh or Stock Road Household Waste Recycling Centre (HWRC). If it is not it may be classed as fly-tipping.

What happens if the Warning Notice is ignored?

If the person ignores the Warning Notice and continues to put their recycling and waste out incorrectly, a ‘Notice of Intent’ will be sent to them. This explains that we will be giving the person an £80 Fixed Penalty Notice.

The ‘Notice of Intent’ allows 28 days for the person to appeal the Fixed Penalty Notice.

We must be given a reason why the person should not have to pay the Fixed Penalty Notice.

What happens if there is no reason to cancel a Fixed Penalty Notice?

If we are not contacted or if we reject the reason given, a ‘Final Notice’ will automatically be given to the person with a Fixed Penalty Notice for £80.

If I receive a Fixed Penalty Notice, is an appeal allowed?

Yes, but only to a First-Tier Tribunal (not us), who will either confirm if it is payable or reject it.

What happens if I am only a tenant at the home?

Whoever creates the recycling or waste must follow the instructions given by us, no matter whether they are a:

  • tenant
  • occupier
  • owner of the home

enforcement action will be aimed at the person causing the offence.

What happens if I received a Warning Notice but have followed the rules since?

If you are putting your recycling and waste out correctly, thank you.

What happens if I cause a similar offence after I have paid a Fixed Penalty Notice?

Please note the legislation means that any similar offence within a period of 12 months from the date of the first offence will result in the automatic issue of a ‘Notice of Intent’, with 28 days to appeal, and then a further ‘Final Notice’ with a Fixed Penalty Notice.

The full enforcement process, i.e. giving further warnings through a new ‘Warning Notice’, is not needed for persons causing the same offence within 12 months.

Contact Recycling and Waste

Telephone: 01702 215006

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