Fixed penalty notices for fly tipping in Potterne

Fixed penalty notices for fly tipping in Potterne

Two men who admitted fly-tipping household waste near to Potterne Cricket Club, Potterne Woods, near Devizes in October 2016, were each issued with a £400 fixed penalty notice (FPN) by Wiltshire Council.

The notices for fly-tipping household waste contrary to environmental legislation were issued under Section 33 of The Environmental Protection Act 1990.

Philip Whitehead, cabinet member for highways said: “Wiltshire Council is committed to the crackdown on waste crime like fly tipping. It costs the taxpayer millions per year in clean-up costs and is a significant blight on our local environment. This fixed penalty notice continues to be a significant additional tool available to the council in combating this illegal activity”.

Enforcement officers from Wiltshire Council were alerted to a large quantity of fly-tipped waste after images of the fly-tipping and personal belongings from the waste were posted on local Facebook page – The Devizes Issue. Officers conducted interviews under caution with three people involved with the tipping.

A female from Devizes, who confirmed that the waste fly-tipped in Potterne woods belonged to her, explained to officers that she had paid £20 cash to two males for what she thought was the safe disposal of her household waste.

She told officers she was very remorseful for not taking the time to ensure the males (one of which she knew) had the necessary waste carriers licence and transfer notes for the safe disposal of her waste.

A further two interviews were later conducted with the males involved. They admitted to taking the waste away on behalf of the female with the intention of disposing of it properly. However, they explained to investigatory officers that due to obtaining a puncture on their vehicle which was transporting the waste, they pulled into the wooded area to change the tyre and had to unload the waste to do so. They also explained to the officers that they knew fly-tipping was an offence and had the intention to go back to clear the waste, but regretfully, never got round to doing so.

Effective from 9 May 2016, the Unauthorised Deposit of Waste (Fixed Penalty Notices) Regulations 2016 amended the Environmental Protection Act 1990 to allow local authorities in England to issue a fixed penalty notice for fly-tipping. This provides local authorities with a more efficient and proportionate response to small scale fly-tipping of waste. The FPN level is £400 for such offences in Wiltshire.

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