Enforcement action
What powers do we have?
We have powers to tell householders how waste containers should be put out for collection.
This includes:
- bins
- sacks
- boxes
The powers come from both:
They set out an enforcement process for household waste offences. This includes giving a Warning Notice.
When will a Warning Notice be given and what will it say?
A Warning Notice will be given to anyone who's recycling and non-recyclable waste is wrongly placed and it either:
- causes a problem, or
- damages the area
The Notice will set a date for when the person must sort this out. It will also set out:
- what the person must do when putting out their recycling and non-recyclable 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 non-recyclable waste out wrongly, we will send them a 'Notice of Intent.' This explains that we will be giving the person an £80 Fixed Penalty Notice (FPN).
The 'Notice of Intent' allows 28 days for the person to appeal the FPN
You must give is a reason as to why you should not have to pay the FPN.
What happens if there is no reason to cancel an FPN?
A 'Final Notice' will automatically be given to the person with a Fixed Penalty Notice for £80 if:
- we are not contacted, or
- we reject the reasons given
If I receive a Fixed Penalty Notice, is an appeal allowed?
Yes, but only to a First-Tier Tribunal (not us). They 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 non-recyclable waste must follow our instructions. This could be any of the following:
- 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 been following the rules since?
If you are and continue to put your recycling and non-recyclable waste out correctly, we will take no further action.
What happens if I cause a similar offence after I have paid an FPN?
If you commit the same type of offence again within 12 months of the first one, we will automatically send you a Notice of Intent. You will have 28 days to appeal this.
After that, you will receive a Final Notice, which includes a new Fixed Penalty Notice.
Because it is a repeat offence within 12 months, we do not need to start the warning process again and you won't get another initial “Warning Notice.”