Issue - meetings

RESOLVED:           That the level of penalty for these offences under the Environmental Protection Act 1990 to be set at:

• Section 33ZA (Fly tipping) £300 reduced to £200 if paid within 10 days.
• Section 34ZA (Household Duty of Care) £200 reduced to £150 if paid within 10 days

Reason for Decision

The council works in partnership with the other Norfolk authorities through the Norfolk Waste Enforcement Group (NWEG). NWEG is an officer level group with the aim of sharing good practice and, where possible, aligning regulatory processes in the county. The level of penalties have been reviewed and agreed by NWEG.

Councillor Devereux presented a report which explained that the Environmental Protection Act 1990 allowed local authorities to offer Fixed Penalty Notices (FPN’s) for:

·       Depositing or knowingly causing or permitting the deposit of waste on land where no environmental permit is in place, commonly known as fly-tipping. (Section 33ZA)

·       Householders who fail to comply with their duty of care when passing their waste to a third party. (Section 34ZA)

The report sought to confirm the level of penalty payable for each offence.

Cabinet debated the issue of waste and fly tipping on public and private land and the responsibilities of householders to ensure their waste was disposed of by a contractor licensed as a waste carrier by the Environment Agency.

The Principal Environmental Health Officer explained that it was not proposed to concentrate on soft targets but to target those unlicensed contractors who were doing the flytipping.  He also confirmed that the Council wasn’t able to clear waste from private land but would investigate the flytipping if there was evidence to be obtained.

RESOLVED:           That the level of penalty for these offences under the Environmental Protection Act 1990 to be set at:

• Section 33ZA (Fly tipping) £300 reduced to £200 if paid within 10 days.
• Section 34ZA (Household Duty of Care) £200 reduced to £150 if paid within 10 days

Reason for Decision

The council works in partnership with the other Norfolk authorities through the Norfolk Waste Enforcement Group (NWEG). NWEG is an officer level group with the aim of sharing good practice and, where possible, aligning regulatory processes in the county. The level of penalties have been reviewed and agreed by NWEG.