One of the most common questions we get asked at Clear It All is related to the law around waste removal, and how it affects everyone from business owners to households. It’s important to adhere to the law and remove any waste you produce responsibly.

Anyone who produces waste has a duty of care under section 34 of the Environmental Protection Act 1990 to ensure that it is disposed of properly, and to be sure that it does not end up being fly-tipped. This means, that even if the actual dumping of the waste was carried out by someone else, you can still be found guilty of an offence if it is your waste that has been found to have been dumped.

What is the law on fly-tipping?

Fly-tipping is the illegal deposit of waste on land. Fly-tipping differs from littering, in that it involves the removal of waste from premises where it was produced, with a deliberate intention of disposing of it unlawfully. 

The offence of fly-tipping, as well as ‘knowingly causing’ or ‘knowingly permitting’ fly-tipping, are set out in Section 33(1)(a) of the Environmental Protection Act 1990. This is enforceable by both the Environment Agency, and the local authorities. You can be penalised for each of these offences, either:

  1. Summary conviction:  imprisonment for a term not exceeding 12 months, or a fine, or both
  2. And, on conviction on indictment: imprisonment for a term not exceeding five years, or a fine, or both

It’s important to note that the registered keeper of a vehicle is liable for conviction if their vehicle is used during a fly-tipping offence.

How can you prevent fly-tipping?

Fly-tipping across the U.K is getting worse and worse each year, with councils spending upwards of £67m each year to clean up public land, and prosecute those involved. Making sure you are not part of the ongoing problem is important. Understanding how to effectively remove your waste, whilst being responsible to the environment and those around you is the first step in making sure you are not in a position whereby you are acting unlawfully. 

At Clear It All, we are passionate about recycling or reusing the rubbish that we collect from you. That’s why currently, over 80% of everything we collect is either recyling or reused, in a bid to reduce the amount of waste that makes its way to landfills. Discover how Clear It All could help you today.