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Garden waste service

Subscriptions for our new garden waste collection service are now available. Visit our garden waste page for further information.

Our policy sets out how and when we undertake waste enforcement

Many of our actions are carried out in partnership with other partners. For example the Police, The Environment Agency, DVLA and other local councils and agencies.

Our core functions relate to the enforcement of

We also maintain a public register of prosecutions. This details 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 formal cautions and prosecutions.

Aims

The policy reflects our corporate aims and objectives.  In particular it aims to:

  • Carry out enforcement in a fair, practical and consistent manner.

  • Meet enforcement objectives through the provision of advice and information. Where the degree of risk or prejudice to residents, consumers, businesses, or the law demands a robust approach, statutory remedies will be used.

Further information

Principles of enforcement

Enforcement is any action taken to prevent or rectify infringements of legislation. Enforcement options may differ where different areas of legislation are used. But the principles of application will remain constant and consistent.

Enforcement includes:

  • Site visits and inspections.
  • Verbal and written advice on legal requirements and good practice.
  • Help with compliance.
  • Written warnings.
  • The servicing of statutory notices.
  • Issuing fixed penalty notices.
  • Formal cautions.
  • Prosecution.
  • Seizure and detention.
  • Injunctions.
  • Working with other enforcement authorities and organisations where appropriate.

We aim to carry out our waste enforcement policy in a fair and consistent manner.

Failing to comply with a waste enforcement notice

Where the requirements of a notice are not carried out we are empowered to do whatever is necessary to rectify the problem. In this instance we will recover the costs of doing so from the person responsible. We will generally do this when:

  • The person served with a notice has failed to comply.
  • There has been no appeal against the terms of the notice or any appeal made has not been upheld.
  • Where we find carrying out the work is likely to be a more appropriate or effective remedy than prosecution. Or a successful prosecution has already taken place but the problem remains.

We may also carry out work on behalf of the person responsible where a written request and an undertaking to pay is received from them.

In deciding whether to carry out work we will consider:

  • The urgency of the need to rectify the nuisance or public health hazard to protect the health and safety of local residents.
  • The wishes of the person responsible for the problem.
  • Whether the evidence available provides a realistic prospect of defending our action in the event that recovery of costs is contested by the person responsible.

All such works need to follow the requirements and procedures detailed in current Council Standing Orders for commissioning goods and services.

We may recover the costs of the work from the person responsible as a civil debt or by placing a charge on the property. Such charges may be repaid by instalments. These instalments will accrue interest at what we determine to be a reasonable rate.

Contact us

For further information, please contact Dudley Council Plus.

Telephone: 0300 555 2345

Opening hours: 8.30am to 5pm, Monday to Friday.
The office is closed at weekends and on bank holidays.