Bin fine levels to be cut this week

The level of fines handed to householders who present their waste and recycling incorrectly for collection will be reduced as of Wednesday (May 30) following changes to legislation.

In January 2012 the Department for Environment Food and Rural Affairs (Defra) launched a consultation to amend Section 46 of the Environmental Protection Act 1990 which sets out the penalties local authorities can apply to householders who repeatedly overfill their bins or put them out on the wrong day (see letsrecycle.com story).

The amendments included the abolishment of the criminal offence under the Act, replacing it with a civil sanction by spring 2013. As an interim measure Defra said it also planned to reduce the level of fines. The proposed changes will only affect local authorities in England.

In a letter to local authority chief executives last week (May 23) recycling minister Lord Taylor revealed that legislation had now been laid with reduced fine levels coming into effect at the end of the month.

The changes are expected to be criticised by local authorities who have already voiced their concerns about the detrimental effect the plans could have on local communities, as the fines power as a deterrent could be undermined.

The changes coming into force are:

• The level of fixed penalties applying in relation to section 46 EPA will be reduced from 75-110 to 60-80;
• Early payment discounts, which are currently possible, will be reduced from 60 to 40;
• The default amount (if the local authority does not specify the amount of the penalty) will be reduced from 100 to 60.

Legislation

Lord Taylor said in the letter: As you know we are proposing to amend the penalties which local authorities may apply to householders who present their waste for collection incorrectly. We recognise that the usual approach of local authorities is to use the penalties available to them only as a last resort, and we are looking for this approach to continue. In the longer term, the government would like to see powers in this area made more proportionate and better targeted, balancing the need to respect the civil liberties with the need to deal effectively with behaviours harming the local amenity.

I wrote to you on January 16 about the interim changes to the penalties outlined in section 46 of the Environmental Protection Act 1990. I would like to thank those that responded to this letter. I note that there was significant support from a number of local authorities who expressed a view on this point for these proposed interim changes to the penalty levels. In my letter, I said that we are planning to bring in interim measures into force during spring. We have now laid legislation to bring the following changes into effect from 30 May.

Concerns

However some councils have voiced concerns about the effect the changes could have. In its response to the consultation in March 2012 the Local Government Association (LGA) warned that scaling back councils powers could undermine their function as a deterrent and proposed that the system remained the same (see letsrecycle.com story).

In a joint open letter to Lord Taylor in April, the LGA, along with four charities, raised further concerns that not enough consideration had been given to street users, particularly those who are older or disabled (see letsrecycle.com story).

Further criticism has come from one council who told letsrecycle.com that it could see an increase in the number of bags left out for collections. The council highlighted that if a householder leaves 20 bags out for collections, receives a fixed penalty notice and pays early it is likely that the waste will be removed – at a lesser cost than arranging a special collection.

Guidance

Under Defras plans councils will still be able to issue fixed penalties but only if they can prove that a household is causing harm to the local amenity. In its consultation response the LGA called for clearer guidance on this and said that it must be determined at a local level within certain broad parameters which includes the contamination of recycling.

Commenting on Defras longer term plans for the bin fines Lord Taylor said: I would also like to thank those of you who responded to the consultation on the longer term changes we are looking to make in this area. We are considering these responses, and will bring forward legislative changes as Parliamentary time allows. A number of you have highlighted the need for clear guidance on amended enforcement powers, and Defra intends to work with local authorities, amongst others, to develop this.