Report fly tipping

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Definition

"Fly tipping" refers to the abandonment of a large amount of waste on a piece of land without that land owner's permission.It may be left in the same area on more than one occasion.

It is your responsibility to know what has happened with your waste See duty of care below). If you pay someone to take away your waste (e.g. after a renovation to your property), make sure they are registered with the Environment Agency. You can check the register of waste carriers on the Environmental Agency website.

Waste duty of care

Section 34(9) of the Environmental Protection Act 1990 

If your waste has been fly tipped by a third party, and we as the council are able to trace it back to you, you could be charged with a duty of care offence. This is a criminal offence with no upper limit on the courts' power to fine. 

Read the duty of care code of practice for more information.

In addition, if a person is buying or collecting scrap metal, they are also required to have correct licences. Please see our scrap metal dealer licensing webpage for further information.

Leaving bin bags in lay-bys or beside bins is also fly tipping. We have a local Household Waste Recycling centre within North Kesteven which is run by Lincolnshire County Council. You can also take additional recycling and bulky household items such as fridge/freezers for recycling and disposal. For more information, refer to the Household Waste Recycling webpage.

S.C.R.A.P. Campaign

Alongside other authorities in Lincolnshire, the council has signed up to the S.C.R.A.P. Fly tipping campaign, designed by Hertfordshire county council.

We have made a form available to you that you can use to record and keep the information you need to know when selecting a carrier.

 In the event of your waste being fly-tipped and traced back to you, the form can prove the measures you took such as noting the waste carrier’s name, address, vehicle registration and licence number. It also reminds of the need to get a receipt from the waste carrier and their signature.

When appointing someone to remove waste on your behalf – such as house clearance materials, garden materials or scrap metal – it is essential that you are certain that those people are licenced and will dispose of the waste properly, without fly-tipping it.

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Duty of Care

If someone has offered to collect your waste, and the deal sounds too good to be true, it probably is!

Be aware that if someone takes your waste and does not have the relevant licences, your waste may end up abandoned or "fly tipped". 

This is a Duty of Care offence and, if on investigation we trace the waste back to you, you could receive a £400 fine or prosecution.

You can find a form in the downloads section of this page you can use to record and keep the information you need to know when selecting a carrier.

Investigation

If you have witnessed an incident and can provide: written details of the person(s) involved; vehicle details including make, model and colour; and have photographs of the waste, then we can take action to investigate this. 

If you are uncertain of the person(s) involved, or if there is no evidence of the waste 9such as grass cuttings left on a verge), then we will be unable to proceed with the investigation. 

If you have reported fly tipped waste at a location, please provide us with information as to who may own the land, and a detailed description (or map) of the land in question.

We can recommend the app what.three.words for giving locations with a 3 metre square precision. 

Penalties

The penalties for fly tipping can be prosecution including a fine of up to £50,000, and/or a prison sentence. At the Crown Court, the fine has no upper limit and you will serve up to 5 years in prison.

We also have the power to seize a vehicle that has been used in the act of fly tipping.

Who is responsible for removing waste that has been fly tipped?

If the fly tipping is on a public highway or public land, we will investigate and arrange for the waste to be cleared. 

We cannot remove waste from privately owned land as this is the landowner's responsibility. 

Consequences of fly tipping

Illegally dumping and abandoning waste can be very harmful to the environment and its ecosystems, and can lead to the pollution of land and water courses. 

Fly tipping can also be damaging to our own health, and have a large impact on the quality of life for nearby residents. 

It requires a lot of the council's resources to clear abandoned waste which could've been used elsewhere.