Dumping waste where it is not allowed, or allowing others to do so, is a criminal offence. You could face very large fines and even be sent to prison.
The Environment Agency work with Dudley Council to tackle the illegal dumping of waste. Where a really serious crime is being committed, the Environment Agency will get involved and we aim to prosecute.
What is flytipping?
Flytipping is the illegal dumping of waste on land that does not have a licence to receive it.
Waste might include:
- electrical goods
- building waste
Fly-tipping can be dangerous, pollute land and waterways and costs the tax payer significant amounts of money to clear away.
Report flytipping to us
You can help us to find and prosecute the flytippers. If possible, make a note of:
the day, date and time you saw the tipping.
how many people were flytipping and what they looked like
what they were actually doing
any vehicles involved - their make, colour and registration number
what was tipped
where you were when you saw the flytipping
Report an incident of flytipping via our online form, or contact us using the details at the bottom of this page.
Report flytipping using your mobile phone
The My Council App allows you to easily and immediately report flytipping using your mobile. You can even take an image and geo-locate the dumped rubbish on a map.
What to do about flytipping
If you discover flytipped waste:
- touch the waste - it may contain syringes, broken glass, asbestos, toxic chemicals or other hazardous substances
- disturb the site - there may be evidence that could help identify the fly-tippers and lead to their prosecution
- visually try to work out what the waste consists of and how much there is
- make a note of the day, date and time you saw the tipping, its exact location and whether it is in or near water
What is Dudley Council Doing about Flytipping?
Dudley Council is working with the Environment Agency to crack down on waste crime. Together we aim to reduce the amount of environmental damage caused by fly tipping and the negative impact fly tipping gives to residents and visitors to the Borough. The cost of fly tipping across the Midlands costs over £6 million to tax payers every year to clean up.
The authority has received an effective score for dealing with fly tipping as part of a national performance indicator set by the government.
What are the penalties for flytipping?
The Council can issue a range of Fixed Penalty Notices (fines) for offences that can have a negative impact on the local environment; these include offences relating to litter, dog fouling, fly tipping, waste and abandonment of vehicles.
In the case of a littering or flytipping offence the officer(s) may take a photograph for evidential purposes, however, to issue a fine the officer(s) only has to witness the offence - they may if its safe and practical to do so pick up the litter as it may at a later date be used as an exhibit should a case go for prosecution.
For further information on fines please see:
Flytipping and the law
The flytipping of controlled waste is a serious criminal offence which carries a fine of up to £20,000 (unlimited if indicted to the Crown Court) or an offender can even be sent to prison. It is also an offence to permit flytipping.
Flytipping is often associated with dumping waste from vehicles. In this case, the person controlling the use of the vehicle can also be prosecuted, which means that it is possible for a prosecution to occur when only the vehicle, not the driver, is identifiable. The police also have the powers to seize vehicles used for flytipping.
A public register of prosecutions is maintained detailing details of prosecutions and formal cautions issued in the last three years. Where serious offences arise or there is a history of non-compliance, consideration will be given to pursuing prosecution or formal caution.
Before we undertake any criminal proceedings in court we have to ensure that the case is in the public interest to prosecute. We may instead offer alleged offenders the opportunity to formally admit their guilt and accept a formal caution.
Householder Duty of Care
Householders now have a responsibility under the waste Householder Duty of Care to make sure that their rubbish is passed on to someone who is, or works for, a registered waste carrier. If not they can face a fine.
Commercial Waste Duty of Care
All business in the UK regardless of their size must comply with the Section 34 the Commercial Waste Duty Of Care provisions of the Environmental Protection Act 1990.
Section 98(5A) Environmental Protection Act 1990 defines litter to include the discarded ends of cigarettes, cigars and similar products. It also includes chewing gum.
Generally, a bag of waste or less may be considered to be littering, while anything larger is usually thought of and recorded as fly-tipping.
Recycling and getting rid of your waste legally
Take it to a licensed waste disposal site. Dudley Council has a Household Waste Recycling Centre situated off Birmingham Street (A458) at Stourbridge.
Use a registered waste carrier, for example a skip hire company, to remove your household waste, garden waste, construction waste. You can check with the Environment Agency to find your nearest licensed site and waste disposal contractor.
Contact the Environment Agency on 08708 506 506 or for more information on how to dispose of certain wastes you can also visit NetRegs website.
As a householder you have a duty of care to make sure your waste is disposed of correctly. You must pass your waste to a registered waste carrier; if you do not take reasonable measure you would face prosecution and a fine of up to £5,000 or imprisonment.
Please contact the Environment Agency to check if some one is a registered waste carrier.
Making a complaint
If you feel we have failed to provide you with good service please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.
Can't find the information you are looking for?
If you require help with something in this section, please contact us.