The aim of this policy is to determine good practice and to demonstrate clarity and consistency in the delivery of those environmental enforcement duties and powers relevant to the Council’s Waste Management Functions.
In order to offer a more inclusive strategy and enforcement policy, many of the functions undertaken will be carried out in partnership with other partners such as the Police, Environment Agency, DVLA and other local councils and agencies, where possible.
These core functions relate to enforcement for:-
The policy reflects the Council’s 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.
Enforcement is any formal or informal action taken to prevent or rectify infringements of legislation. The Enforcement options may differ where different areas of legislation are used, but the principles of application should remain constant and consistent.
Enforcement includes visits, inspections, verbal and written advice on legal requirements and good practice, assistance with compliance, written warnings, the servicing of statutory notices, issuing fixed penalty notices, formal cautions, prosecution, seizure and detention, works in default, injunctions and liaison and co-operation with other enforcement authorities and organisations where appropriate.
The Council aims to carry out its waste enforcement policy in a fair, equitable and consistent manner.
informal action & advice - written or oral – where appropriate mediation
formal statutory notice
execution of work in default i.e., required by a statutory notice where the recipient has not complied with a notice viii) fixed penalty notices for specific offences where these are available and have been approved by the Council (when necessary).
no action – where there is insufficient evidence to pursue action, or where it may not be cost effective to continue, or in the public interest.
Where the requirements of the notice are not carried out, in many instances the Council is empowered to do whatever is necessary in execution of that notice and recover the costs of doing so from the person responsible. The Council will generally carry out work in default when:
the person served with an abatement notice has failed to comply with the requirements of the notice
there has been no appeal against the terms of the notice or any appeal made has not been upheld
the Council regard work in default as likely to be a more appropriate or effective remedy than prosecution, or a successful prosecution has already been taken but the problem remains
The Council may also carry out work in default 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 in default, the Council 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 the Council’s action in the event that recovery of costs is contested by the person responsible.
All works in default need to follow the requirements and procedures detailed in current Council Standing Orders for commissioning goods and services.
The Council may recover the costs of the work from the person responsible as a civil debt or by placing a charge on the property, where legislation permits this. Such charges may be repaid by instalments but will accrue interest at such reasonable rate as the Council may determine.