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Environmental enforcement

We, with our partners, are placing greater emphasis on making the local environment cleaner, safer and greener.

The council has an Environmental Enforcement Policy which sets out how it uses its powers under various laws including the Clean Neighbourhood and Environment Act 2005 and the Environmental Protection Act 1990 to tackle environmental offences.

We have a number of officers authorised to investigate cases, gather evidence and where necessary prosecute offenders. Examples of offences include: 

Such offences can cause a negative perception of the local environment and our borough.

If a person places refuse or recycling out too early (prior to 5pm the night before), they could be issued with a fixed penalty notice. If you see refuse out early which has a WHBC sticker to saying 'This refuse is out too early and could cause litter' sticker on it the incident is being investigated by a WHBC enforcement officer. If the refuse is not removed by the offender it will be collected on the next refuse collection day.

The issuing of penalties

We can issue Fixed Penalty Notices (FPNs) on the spot if an authorised officer witnesses an offence such as littering. If an FPN is issued, payment is an alternative to prosecution in the courts.

  • We will also issue FPNs if a warning about managing your rubbish or recycling is ignored.
  • The following schedule shows environmental offences for which FPNs can be issued:
Description of offenceActAmount of penalty if paid within 10 daysFull amount of penaltyMaximum penalty on conviction
Unlawful repairs/sale of vehicle on roadss 3/4/6(1) Clean Neighbourhoods and Environment Act 2005£60£100£2500
Abandoning a vehicles 2(1)(a) /2A Refuse Disposal Amenity Act 1978£120£200£2500
Depositing litters 87/88 Environmental Protection Act 1990£50£75£2500
Failure to comply with a street litter control notices 93/94/94A Environmental Protection Act 1990£60£100£2500
Failure to comply with a litter clearing notices 92/92A-c/94A Environmental Protection Act 1990£60£100£2500
Unauthorised distribution of free printed matterSchedule 3A, para. 1/7 Environmental Protection Act 1990£50£75£2500
Criminal damage and flypostings 1 Criminal Damage Act 1971, s131/132 Highways Act 1990, s224 Town and Country Planning Act 1990 and s 43/44 Anti-Social Behaviour Act 2003£50£75£2500
Failure to produce authority (waste carrier's licence)s 5/5B Control of Pollution (Amendment) Act 1989£180£300£5000
Failure to furnish documentation (waste transfer notes)s 34(5)/34A Environment Protection Act 1990 and regulation 35(6) Waste (England and Wales) Regulations 2011£180£300£5000*
Offences in relation to waste receptacless 46/47/47za/47zb Environmental Protection Act 1990£40£80£1000
Failure to comply with Dog Control Orderss 59 Clean Neighbourhoods and Environment Act 2005£50£75£1000

*(or, on indictment, an unlimited fine)

Unpaid FPNs, or more serious offences will be dealt with in court. Serious environmental offences may be liable to fines or even custodial sentences.

FPN procedure for managing rubbish or recycling presented too early

One of the main factors of untidy neighbourhoods is litter as a result of refuse and recycling not being contained properly or being presented too early for collection. We want to minimise this kind of litter as this is something that you've said is important to you.

We will attempt to encourage co-operation from residents, before issuing an FPN.

Our procedure is as follows:

  • We provide information about waste management on our website, on recycling calendars and other leaflets; in our council magazines, our contact centre, and the local press.
  • When we have identified a property, or whole area, that is not following guidelines, we issue an advisory letter and s46 notice which outlines responsibilities regarding management of waste (refuse and recycling).
  • We will then issue a FPN to any properties that fail to comply with the conditions of the section 46 notice.

What if you don't agree with your Fixed Penalty Notice?

If you dispute your FPN Welwyn Hatfield Borough Council will only review two things:

  • Has the FPN been issued correctly? If the FPN has spelling mistakes or the wrong date, another FPN can be issued.
  • Did the officer have adequate evidence that the offence took place? In most cases, the officer's word that they witnessed an offence is deemed to be enough.

Where a person feels an FPN has been issued wrongly they must write in within seven calendar days of receiving the FPN to the Head of Client Environment Services, Welwyn Hatfield Borough Council, The Campus, Welwyn Garden City, Herts AL8 6AE.

Once an FPN is challenged Welwyn Hatfield Borough Council can only accept cash or cheque payments.


This page was last updated on 01/05/2013

 

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