Hinckley & Bosworth Borough Council
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#SCRAP: the fight against fly-tipping

Duty of care

Waste including a fridge left on a pavement

Households

Under section 34(2A) of the Environmental Protection Act 1990, Domestic Duty of Care, you can be issued a fixed penalty notice of up to £400 if you don't dispose of your waste correctly in the following circumstances:

  • If fly-tipped waste is traced back to you
  • If you failed to make appropriate checks to ensure the transfer of your waste was to an authorised person
  • If you forget to check if the waste carrier is registered to remove your household waste
  • If you forget to get a waste transfer note or receipt for the waste which gives a description of the waste, where it was collected from and where it is going 

If you fail on any of the above, then you may receive a fixed penalty notice or face prosecution

Builders

Know your duty of care. Under section 33 (1)(a) of the Environmental Protection Act 1990, you can be issued a fixed penalty notice if you don't dispose of waste correctly.

 If you are a builder and you fly-tip, it costs more than you think:

  • You will receive a fixed penalty notice: £400 (minimum)
  • Your vehicle will be seized and you're then unable to work
  • You may get a criminal record

Dispose of your waste legally. It's your responsibility to appropriately dispose of your building waste.

Other businesses

Is your business disposing of its waste correctly?

Every business that produces waste in the UK has a legally-binding duty of care. Under section 33 (1)(a) of the Environmental Protection Act 1990, you can be issued a fixed penalty notice if you don't dispose of waste correctly.

Over 50% of UK businesses are not complying with waste management regulations. 90% of these are small companies with fewer than 50 employees. 

Any waste from commercial activity is business waste. If you use part of your home to run your business, then any waste from that is business waste. All business waste has to be collected by someone who is licensed and registered to do so. 

Take responsibility for your waste and make sure whoever collects it does not fly-tip. 

Don't risk getting an unlimited fine. Check your business complies with the law and your duty of care.

Last updated: 09/08/2023 14:22