Rubbish outside house - EPA s.87&88 - information under caution

DibblerSan_2

Greetings helpful people,

I've done a search of the forum but can't find a clear answer that fits my situation, so I would be grateful for you views and advice on the following:

Today I received a letter from my local council seeking information under caution for an investigation into a possible 'offence' under the Environmental Protection Act (s.87 & 88 referred to in the letter). I'm in Wales and this isn't (to my knowledge) a devolved area.

The letter outlines that the official found (and took photos of) two recycling bags and one black refuse bag outside (or in the vicinity of) my property on Monday (6th).

Full disclosure - the two recycling bags were likely put out by my cleaner who works from 12:30 to 14:30 on a Monday, the black bag was away from my property and I recall it being there for some weeks prior to this letter - not mine and nothing to do with me.

The photo evidence (including images of items with my address on) was taken at 14:55. I work from 7:00 to 18:00 and there were no bags outside my property when I left for work or returned home (I assume the council official took them).

Bin day is Wednesday and we are permitted to put our rubbish out on Tuesdays after 4pm.

I've been reading around the net and, from what I understand from the defra guidance that accompanies the EPA, it's only an offence under section 87 if the rubbish is causing a nuisance or preventing use of amenities.

The bags did not block the pavement, contained nothing that would attract vermin (I'm a little obsessive about washing out recycling), were contained/not torn open and were placed out for collection in the designated/appropriate place - just 24 hours earlier than the council instructs - if they had been left and a note posted through as a 'warning' I would have brought them back inside until the correct day.

The guidance also states that single bags of refuse do not count as 'litter' (which is s.87) so I assume this would need to be an accusation of flytipping?

I've not responded to the letter as yet - though I did send an email to the general council help desk asking for contact details of the team as the letter invites me to contact them to discuss prior to returning the form but then doesn't provide contact details.

I have a good relationship with my cleaner and don't want to dob her in it as she'll be mortified she's gotten me into trouble. We did have a conversation when she started about when bin days were, but she cleans for several people and likely forgot.

I'm looking for advice on what approach to take - be apologetic and promise not to do it again (first offence, no prior warnings)/ challenge them on it (I'm I interpreting the EPA correctly)/ do nothing - assume it won't just go away...

I also don't really want to have to pay a £100 fine for responding 'incorrectly' when I didn't actually do anything.

Mini vent - It seems a little unreasonable of the council to be chasing me on correctly presented and sorted rubbish being out a day early when flytipping and littering are actual issues in the area and they do nothing about them.

Cheers,

DS

Browntoa

Maybe it's not the first time your bags have been put out early

Maybe one of your neighbours had complained to the council , possibly naming you as a regular offender

DibblerSan_2

Browntoa wrote: »

Maybe it's not the first time your bags have been put out early

Maybe one of your neighbours had complained to the council , possibly naming you as a regular offender

Thanks for the reply.

I normally put my bags out on a Tuesday when I get back from work (so at the right time).

I've never had any warnings and can't remember a time when I've come home and not had to put the bags out/had rubbish 'disappear' so if she's put them out early before it can't have been 'regularly'

As for the neighbours - not very likely. It's a very student heavy/transient population around here. I think I'm the longest resident at c. 5 years (it's convenient for work) so unlikely anyone's noticed any 'regular' offenders.

The worst offenders for flytipping are the landlords who dump beds and mattresses when their tenants change every 6 months or so - unfortunately beds don't come with address labels.

GDB2222

You may find that they won't actually take any action if you don't return the forms. However, if you do return them, you need to be truthful, but you could refuse to give the cleaner's name and address. Citing the data protection act as the reason for the refusal would probably perplex them enough that they will move on to the next case and leave you in peace.

ariarnia

Given section 88 requires the OP to provide the information the council reasonably considers it needs for the purpose of investigating an offence contrary to the act it would (in my opinion) be a very bad idea to admit the cleaner put the bags out but then refuse to provide any contact details for the cleaner.

There are potentially two separate charges: not complying with section 46 of the act (the duty of the household to present waste according to the directions of the council - £40-£100 fine) and not complying with an investigation into a breach of the act (up to £50k fine + 2 years in prison)

Littering is the least offence in the environmental protection act. The act was written to have real teeth when dealing with big business, but those teeth can be used on smaller fish if your unlucky or particularly uncooperative.

kinger101

Don't know where you got the DEFRA guidance from, but the offence is;

S87 (1) A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.

S87 (4A) No offence is committed under subsection (1) above where the depositing of the litter is—

(a)authorised by law; or

(b)done by or with the consent of the owner, occupier or other person having control of the place where it is deposited.

You might think someone is using a sledgehammer to crack a nut, but it seems you did not have permission to leave litter in a public place on a Monday. 2 days before the bin men were coming.

You might think you're being OCD rinsing you tin cans out, but other people who live in your street don't want you or your cleaner to treat it as your bin. The council has rightly slapped your wrist IMO. I'd be apologetic in this case. Maybe they'll let you off. I'd instruct the cleaner clearly, and fire her if she does it again. Cleaners ought to know streets aren't bins.

ariarnia

kinger101 wrote: »

Don't know where you got the DEFRA guidance from,

It's here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/221087/pb11577b-cop-litter.pdf

5.1 The 1990 Act does not provide a comprehensive definition of litter or refuse, although the courts have considered the definition to be wide; The following summarises common definitions used in cleansing contracts and is provided purely as a guide:

5.2 Litter is most commonly assumed to include materials, often associated with smoking, eating and drinking, that are improperly discarded and left by members of the public; or are spilt during business operations as well as waste management operations. As a guideline (see section 5.7 overleaf) a single plastic sack of rubbish should usually be considered fly-tipping rather than litter.

5.7 Fly-tipping. The illegal disposal of controlled waste is commonly known as fly-tipping. There is no specific definition of fly-tipping other than in the offences set out in section 33 of the Environmental Protection Act 1990, including the deposit or disposal of controlled waste without a waste management licence, or its disposal in a manner likely to cause pollution of the environment or harm to human health.

For what it's worth, my advice: Have a conversation with your cleaner.

Explain who did what to the council and give her contact details but accept responsibility yourself as the householder.

Pay any fine promptly.

Make sure it doesn't happen again.

kinger101

ariarnia wrote: »

It's here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/221087/pb11577b-cop-litter.pdf





For what it's worth, my advice: Have a conversation with your cleaner.

Explain who did what to the council and give her contact details but accept responsibility yourself as the householder.

Pay any fine promptly.

Make sure it doesn't happen again.

I agree.

From the document you've posted, the rubbish dumped in the street would be termed "refuse". If it were fly-tipping (which seems unlikely even though that's not defined either) I suspect they'd be in much deeper trouble. Whatever it is, unless OP finds some lawful reason to leave bags of rubbish out in the street, better just to put your hands up. And acknowledging that other residents of the street doing this as well doesn't make it acceptable would be a good start.

elmer

The council will not have turned up at your door with a letter by accident or coincidence, there must have been complaints by at least one person , and more likely more for someone to come out and visit, I field these kind of complaints regularly, and we only send a letter after more than one complaint. A visit would require more persistence by someone

elmer