HELP REPORT FLYTIPPERS!
Call 0845 345 0210 or email clean.kent@kent.gov.uk
Local authorities are cracking down on flytipping offenders with excellent results. Residents play a vital role in this as many recent court cases have been as a direct result of members of the public who have witnessed offences taking place.
If you witness flytipping or flytipped rubbish; any information that you can provide will greatly assist us in our fight against this illegal activity.
If you witness flytipping in progress, please phone the Police on 999 to report the details. Do not put yourself in any danger. This information will then be passed to Clean Kent for investigation.
WHAT TO DO:
To assist investigations it would be helpful if you could record all or some of the following details and report immediately. All information is valuable to us and will be treated confidentially.
- Please record all details immediately and keep safe.
- If you can take photos (e.g. camera phones) please do so.
- Remember: do not approach any individuals and do not put yourself in any danger.
GENERAL INFORMATION TO RECORD:
- Date and time that you saw the flytippers in action or discovered the rubbish.
- Location of the incident - address or local landmarks.
- A description of the rubbish e.g. builders rubble.
IF YOU WITNESSED THE FLYTIPPING:
- How many people did you see?
- Did you recognise any of them?
- Can you describe them? (e.g. sex, hair colour, height, distinguishing features)
- What did you actually see these people do?
- Was there a vehicle involved - make / model / colour/ registration number?
- Were there any distinguishing features or signs on the vehicle?
WHAT HAPPENS AFTER REPORTING:
Kent County Council has a dedicated flytipping enforcement team within the Clean Kent Campaign who provide additional support to the 12 district and borough councils and co-ordinate activity within the county.
This team, made up of experienced individuals has an excellent collective track record in investigative work and prosecutions.
WHAT IS THE DEFINITION OF FLYTIPPING?
Flytipping is the common term used to describe waste illegally deposited on land as described under section 33 of the Environment Protection Act 1990.
Local and central government narrow this term down to represent any waste dumped that is too large to be removed by a normal hand-sweeping barrow. In simple terms, a single full bin bag upwards may constitute a fly-tip.
The Clean Kent Campaign Enforcement Team is focusing on incidences of flytipping that involve multiple items of rubbish or hotspot areas where flytipping is a recurring problem.
The Environment Agency has the statutory responsibility to investigate the larger scale flytipping incidences where the waste may pose a serious risk to the environment and where the activity is linked to organised crime.
Environment Agency has a 24 hour reporting line - 0800 807060
WHAT ARE THE PENALTIES FOR FLYTIPPING?
District and borough councils have powers to enforce a Fixed Penalty Fine up to £80 for littering.
Courts have the power to issue a fine of up to £50,000 and / or a 5-year term of imprisonment for flytipping prosecutions.
PROSECUTION CASE STUDIES:
- A member of public in Tunbridge Wells made reports of flytipping blocking access to his driveway and a bridleway. He was able to supply the KCC Clean Kent enforcement team with photographs of the flytipping, enabling them to trace the owners of the rubbish. The enforcement team tracked this to the person responsible for collecting this rubbish and subsequently he pleaded guilty to three cases of flytipping. He received a £1200 fine and was ordered to pay £360 costs.
- Following reports from members of the public and the farming community, the KCC Clean Kent enforcement team, working with Shepway District Council, successfully traced a man who tipped over 500 tyres across the Romney Marsh. The offender pleaded guilty to 7 charges of flytipping and was sentenced to 150 hours unpaid work and ordered to pay costs of £2080.
- A member of public in Tonbridge town centre witnessed a man unloading a quantity of broken computers onto the footpath. The witness supplied the description of the man and the registration number of the vehicle to the KCC Clean Kent enforcement team, enabling them to trace the offender, who was subsequently convicted at Sevenoaks magistrate's court, receiving a £300 fine and ordered to pay £115 costs.
- A member of public in a rural area of Ashford witnessed a man unloading a quantity of household waste onto the common at Hothfield. The witness supplied the registration number of the vehicle to the police, who forwarded the details on to the KCC Clean Kent enforcement team. They subsequently traced the offender, who was later convicted at Folkestone magistrate's court. The defendant was ordered to complete 250 hours unpaid work and received a 100 day custodial sentence, suspended in default of this order. The defendant was also ordered to pay £500 costs.
WHAT HAS BEEN ACHIEVED
BY CLEAN KENT SO FAR?
During the past 5 years (2004/05 – 2009/10) flytipping incidents have been reduced from 33,636 incidents in 2003/04 to 12,222 incidents in 2009/10. This figure equates to a 64% reduction.
If you have been asked to attend an Interview Under Caution:
An electronic leaflet has been put together to provide you with information prior to interview.
REGULATION OF INVESTIGATORY
POWERS ACT 2000
From time to time Kent County Council's Clean Kent Enforcement Team use investigatory powers contained and controlled by the Regulation of Investigatory Powers Act 2000 (as amended) and in appropriate investigations when needed we use lawful directed surveillance. The use of these powers are monitored by the relevant statutory bodies and by the Kent County Council.
Should you wish to see a copy of the Codes of Practice please contact us and we will make necessary arrangements. You can also get copies of the Codes and additional information about the legislation, the controls and safeguards by visiting the following useful websites
http://security.homeoffice.gov.uk/ripa/publication-search/ripa-cop/
http://www.surveillancecommissioners.gov.uk/
http://www.ipt-uk.com/default.asp?sectionID=8&chapter=2
If you believe that you have been a subject of any of these powers and feel that you wish to complain then please contact the Director of Environment and Waste, Invicta House, County Hall, Maidstone ME14 1XX. Tel: 01622 221500 or The Investigatory Powers Tribunal.
The Investigatory Powers Tribunal, PO Box 33220, London. SW1H 9ZQ.
Tel: 0207 035 3711
Shortcut to: http://www.ipt-uk.com/default.asp
The Tribunal can investigate anything you believe has taken place against you or your property, as long as it relates to a power held by the organisation you are complaining about, under the Regulation of Investigatory Powers Act.
