The Public Protection Partnership (PPP) works with Bracknell Forest and West Berkshire Councils to enforce legislation relating to unlawful waste collection and illegal dumping of waste across our area.
Fly-tipping is a criminal offence and one of the most common forms of anti-social behaviour that poses a significant environmental, social and financial problem nationally and in PPP authorities. It blights our countryside, is a threat to livestock and local wildlife, a source of pollution, a danger to public health, and attracts other forms of anti-social behaviour and other enviro crime including arson, littering, graffiti and dog fouling.
What we are doing
- We are currently monitoring Facebook to identify persons who are offering to collect and remove waste but who do not have a Waste Carriers Licence. These persons are more likely to fly tip waste as it is generally not possible for them to take waste to House Waste Recycling Centres. local tips, or to Waste Transfer Stations.
- We have an active social media campaign on both Facebook and Twitter
- We are collecting all reports of fly tipping, details of persons collecting waste without Waste Carriers Licences and will be focusing our enforcement on repeat offenders and regularly used fly tip sites
- We are working with our partners to actively enforce all applicable legislation and to ensure that all instances of fly tipping are investigated and where offenders are identifiable they are dealt with in accordance with our Prosecution Policy
- We are encouraging proper disposal of waste
How you can help
If you have hazardous waste, large quantities of DIY, building rubble or garden waste that you are unable to take to your council’s tip then use a properly licensed skip or bulk waste bag operator-you can check that they are licensed here
You can report businesses offering to remove waste but do not have a Waste Carriers Licence using our contact us page.
Report fly tipping here
Bracknell Forest Council - report here
West Berkshire Council - report here
Advice for Businesses
Waste Licences
If you generate or collect waste as part of your business activities you have a Duty of Care to ensure that it is disposed of properly.
If your business generates waste as part of your normal day to day activities you need to make arrangements to dispose of this properly. Typically you can do this by having a contract with a commercial waste disposal operator. You must NOT put commercial waste in street bins or your home domestic waste.
If you take waste away from sites where you are working, as a gardener, builder, electrician or the like then you must have a licence issued by the Environment Agency.
If you collect waste from other people you must have a licence issued by the Environment Agency or for scrap metal only your local authority
You can only use the Waste Carriers Licence that has been issued to you. So if the licence is issued to 'XYZ Limited' the waste must be carried as part of the business of 'XYZ Limited'. Similarly if the licence is issued to an individual person then the waste must be carried as part of the business of that person.
Further information is available online here
You can apply for a Waste Carriers Licence here
Additional advice for Businesses
General business advice is available at www.businesscompanion.info
You should:
- Ensure that all receipts and business documents show the name of the owner of the business and an address at which documents relating to the business can be served
- Quote prices including VAT when dealing with members of the public
We also recommend that when you advertise services you include your licence number and use the name as shown on your licence and the Environment Agency Waste Public Register. This is not a legal requirement but does make it easier for the public to check your licence.
Advice for householders
Disposing of waste
If you are a householder you must ensure that all your household waste is properly disposed of. This applies to all domestic properties, caravans and residential homes. This is referred to in law as a Duty of Care and means that you must ensure that waste removed from your property is disposed of lawfully.
Domestic waste is collected by local authority regular bin collection and recycling schemes and the council will take responsibility for disposing of it. Details of your council’s waste service are available at the links shown below.
For larger items, DIY and gardening waste, hazardous waste (including plasterboard) you will need to make specific arrangements. Your local authority will offer bulky item waste collection and regular garden waste collections for which you will have to pay; again these services are shown at the links below
If you choose to use a commercial business you MUST take reasonable steps ensure that the person or business removing the waste is authorised to do so. They must give you a transfer note and you should keep this safe
- Use the waste carrier quick check facility on the Environment Agency website
Ask your chosen waste carrier to: - Provide you with their full address and telephone number
- Show you their waste carrier licence - if they don't have one, don't use them
- Tell you where your waste will be taken to - it must be a licensed waste disposal site
Click on the following links for more information on your council’s waste services
Offences
Illegally depositing waste (fly-tipping) is a criminal offence under Section 33 of the Environmental Protection Act 1990 and reports of fly tipping will be investigated in accordance with the local authority’s enforcement policy. Anyone in control of a vehicle or in a position to control a vehicle commits an offence if it used for the purpose of fly-tipping.
In addition, Section 34 of the Environmental Protection Act 1990 requires anyone who produces controlled waste to exercise a ‘duty of care’ over what happens to that waste. This includes making sure it is disposed of legally.
Both matters can be prosecuted in the criminal courts and those convicted can face unlimited fines, or in the case of offences under Section 33 up to two years imprisonment. In certain circumstances we may offer a fixed penalty as an alternative to prosecution.
As of the 02 January 2024 the fixed penalty for fly-tipping or allowing a vehicle to be used for fly-tipping in Bracknell Forest has increased from £200 to £400. Similarly, if the penalty for failing to ensure your waste is disposed of lawfully has been increased from £200 to £300.
Businesses who carry waste without the proper Waste Carriers Licence and/or relevant waste documentation also commit a criminal offences. They may be prosecuted or issued with a £300 Fixed Penalty Notice for each offence.
