Incorrectly presented household waste - Frequently Asked Questions (FAQs)
What powers do we have?
We have powers to tell householders how waste containers, such as:
- bins,
- sacks
- boxes
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
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.