The communication was published yesterday (24 April), explaining that the Government wishes to encourage a “measured and balanced approach”, where householders are not penalised for minor breaches of waste bin rules.
The Defra publication outlined circumstances in which a fine can be issued for breaches of waste bin rules, which includes offences where the pavement or street is obstructed, bins which would attract vermin and “unsightly” bins, including torn bags or overturned receptacles.
Introducing the publication, Defra outlined that fixed penalty notices should generally be used as a last resort.
The document read: “The use of these penalties should focus on those who cause genuine harm to the local environment. It is good practice to try and inform the household about any issues on the presentation of their waste bins. For example, you could use a letter or information notice. You should do this before moving to the process of issuing penalty notices.”
Offences in which local authorities can’t issue fines for include putting something in the wrong receptacle bin by mistake, forgetting to close receptacle lids and leaving bins out only a few hours before collection.
If councils do issue fixed penalties, they must issue a written warning, a notice of intent and a final notice. The maximum full penalty is £80.
Defra emphasises that local authorities “must follow these rules when issuing fixed penalties under section 46A of the Environmental Protection Act 1990.”
Litter
The communication comes two weeks after Defra launched a consultation to incorporate guidance on the “proportionate and effective” use of fixed penalties against littering and waste offences (see letsrecycle.com story ).
The litter consultation document explained that negative media coverage of litter enforcement strategies, such as the recent Panorama programme, Inside the Litter Police, has led to “many public misconceptions” about enforcement activity against littering and related offences.
Therefore, the document outlined that fixed penalty notices or civil penalty notices “should only be issued when it is proportionate and in the public interest to do so”.
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