Fly Tipping

Information about fly tipping and how to report a problem.

Report Fly Tipping online

What is Fly Tipping?

Fly tipping is the act of depositing waste in or on any land that does not have a Waste Management Licence that permits the deposit. The definition of waste is simply any substance or object that the holder discards.

Solihull does not have a major problem with fly tipping as some other parts of the country do, but we still work hard to try to prevent people from fly tipping, to punish those that do, and to remove the waste soon after it has been fly tipped.

The majority of fly tipping within Solihull is small amounts of household waste that could simply have been have been left for the refuse collection, or taken to Bickenhill Household Waste Recycling Centre . We also suffer incidents of unwanted furniture, garden waste, houseclearances , builders rubble, and waste from shops and offices being fly tipped. Unfortunately, there are also occasions where hazardous waste is fly tipped, such as asbestos, tyres, or chemicals.

There are many services provided for free by the Council to help dispose of household waste, and also some additional ones that area charged for. However, the Council cannot collect or dispose of any commercial waste. Businesses are required under the Environmental Protection Act 1990 to make arrangements for their own waste collection and disposal through private contractors.

To find out more about the services the Council offers, visit Solihull Council's Waste and Recycling Information Pages

Removal of Fly Tipped Waste on Public Land

Solihull Council aims to remove all fly tipped waste from public land within two working days of it being reported. We also have a Litter Blitz Crew that will provide a rapid response to areas that need urgent attention , and we aim to do this the same day as it is reported.

If the fly tipped waste hazardous such as asbestos, tyres or chemicals, the Council has to arrange for a specialist contractor to remove and dispose of the waste.

To inform the Council of the location of some fly tipped waste, and to request it's removal, telephone Solihull Connect on 0121 704 8000 or use the Fly Tipping Report Form.

If you witnessed the fly tipping, or if there is evidence present, telephone Environmental Health on 0121 704 8369, or email: environmentalhealth@solihull.gov.uk.

Removal of Fly Tipped Waste on Private Land

If waste has been deposited on private land, it falls upon the owner or occupier of the land to arrange for its collection and disposal. The Council is unable to remove and dispose of the waste, but there are occasions when we can require the owner or occupier to do so. These circumstances include if the waste is escaping onto other land, giving rise to a statutory nuisance, is providing food or harbourage to rats or mice, or is polluting the land or controlled waters.

The Council can offer advice to land owners and occupiers on how to prevent fly tipping on their land. In addition, if you have witnessed the waste being tipped, or there is evidence within the waste, we can investigate the incident with a view to prosecuting the person responsible.

For advice, or if you have witnessed an incident or if there is evidence present telephone Environmental Health on 0121 704 8369 or email: environmentalhealth@solihull.gov.uk

Householders Duty of Care

Since the 21st November 2005, every householder in the UK has been placed under a duty to ensure that their waste is disposed of properly, and in accordance with the law. Before this date, the duty only applied to businesses. Every householder in Solihull is now required to take reasonable measures to ensure that they only transfer their waste to an authorised person. An authorised person is either a Registered Waste Carrier, or site that holds a Waste Management Licence. Examples of when this would apply include:

• Employing a contractor to deliver a skip and then collect it once full
• Having a vehicle taken away by a scrap metal dealer
• Employing a contractor to remove waste such as old furniture, tree cuttings or building material
• Taking waste to a site other than the Council's Household Waste Recycling Centre, or a recycling bank

The duty of care was expanded to include householders to help in the fight against fly tipping. If householders only use legitimate contractors, they can be satisfied that their waste will be disposed of lawfully. Rogue traders will lose custom, and then be forced to act within the law, or cease trading. Householders who fail to take reasonable measures, regardless of whether the transfer led to the waste being fly tipped, commit a criminal offence. The maximum penalty upon summary conviction is £5,000.

When arranging any waste to be collected, other than through the Council, householders should:

• Ask the contractor if they are a Registered Waste Carrier, and for their registration number
• Confirm that they are registered with the Environment Agency by telephone on 08708 506 506, or online at www.environment-agency.gov.uk/publicregister
• Record details of the contractor, their name, address and telephone number and the registration number of their vehicle

If the contractor is not a Registered Waste Carrier, report them to Environmental Health by telephoning 0121 704 8369, or by email at environmentalhealth@solihull.gov.uk

Witnessing a Fly Tipping Incident

If you witness a fly tipping incident, we will do our best to trace those responsible, and to prosecute them for their actions. We will need your details, as we may need to take a statement from you at a later date. At no point will your details be released to anyone without your permission. In extreme cases you may be asked to give evidence in court, but these occasions are rare, and doing so will be your own decision.

If you witness a fly tipping incident, you should

• Record details of any vehicle involved, especially the registration number
• Record descriptions of the people involved
• Record the time and date of the incident
• Record the location, type and amount of the waste

At no point should you apprehend those responsible, or put yourself at risk in any other way. Do not touch the waste as it could contain hazards such as chemicals or sharp objects.

For advice, or if you have witnesses an incident, or there is evidence present, telephone Environmental Health on 0121 704 8369 or email: environmentalhealth@solihull.gov.uk

Offences

Fly tipping is a serious criminal offence. The following actions are offences under section 33 of the Environmental Protection Act 1990:

• To deposit waste in or on any land unless there is in force a Waste Management Licence authorising the deposit. This makes it an offence to deposit waste anywhere other than on your own land, or at a site licensed to accept such waste.
• To knowingly cause or permit the deposit of waste unless there is in force a Waste Management Licence authorising the deposit. This makes it an offence to cause or permit another person to deposit waste anywhere other than on their own land, or at a site licensed to accept waste.
• To deposit waste in or on land that is subject to a Waste Management Licence, but contrary to the licence. This makes it an offence to deposit waste at a site that holds a Waste Management Licence, but contrary to that licence. For example, disposing of commercial waste at Bickenhill Household Waste Recycling Centre , which is only licenced to accept household waste.

In addition, when a vehicle is involved in the commission of an offence, the person who is in a position to control the use of the vehicle, usually the registered keeper, can be treated as knowingly causing the waste to be deposited. This is regardless of whether or not any instructions were given for this to be done.

Penalties

The penalties for fly tipping are severe, and the Government has recently increased these, as well as expand the range of punishments that are available. This has been done to reflect the strong feeling held by the public against fly tipping and the people that commit such offences, to seek to deter people from fly tipping, to protect our environment, and to help fight the rise in environmental crime and antisocial behaviour. Prior to the commencement of the Serious Organised Crime and Police Act 2005, the Government attached the power of arrest to fly tipping offences. Environmental Health Officers have since worked closely with detectives from West Midlands Police to secure the arrest of suspects. Suspects are now arrested in order to allow for the prompt and effective investigation of the offence or of the conduct of the suspect, or to prevent any prosecution for the offence from being hindered by the disappearance of the suspect. Cases can be heard in a Magistrates Court, or a Crown Court.

The penalties include:

• A maximum of five years imprisonment
• A maximum penalty of £50,000
• A Community Punishment Order
• A Community Rehabilitation Order
• A Curfew Order
• Forfeiture of any vehicle used in the commission of an offence
• Disqualification from driving

View Recent Convitions for Fly Tipping

Outstanding Magistrates Warrants

Where a vehicle is known to have been used in the commission of a fly tipping offence, but the person responsible cannot be traced, the Council can apply to a Magistrates Court for a warrant to seize the vehicle. This course of action is taken where a member of the public has witnessed the offence, but the vehicle is not registered to anyone, which unfortunately, is not unusual. Any of Solihull's Environmental Health Officers can seize the vehicle from private land or public highway, whether the driver or owner is present of not. In addition, any police constable or officer from the Environment Agency may seize the vehicle on the Council's behalf. Once seized, any person connected with the vehicle at the time or afterwards will be investigated and if proven, they will be prosecuted for the original offence. Either way, in the majority of cases, the vehicle will be destroyed.

The following vehicle(s) have outstanding Magistrates Warrants issued under the Control of Pollution (Amendment) Act 1989:

If you know the whereabouts of this vehicle, or have any other useful information, telephone:

Environmental Health - 0121 704 8369 or email: environmentalhealth@solihull.gov.uk

Contact Details

For further information please contact Solihull Connect Contact Centre

Telephone: 0121 704 8000

Email: connectcc@solihull.gov.uk