"Use of FPNs will help encourage businesses to comply with the law, particularly in the areas of hazardous waste and waste transportation. FPNs also help in our fight against illegal waste activity allowing us to target our enforcement resources on tackling more serious waste crimes. It also means that we will be consistent in our approach with Local Authorities who have similar powers to issue FPNs"
Liz Parkes, Head of Waste, Environment Agency
The Environment Agency is now able to issue fixed penalty notices for waste crime. The new rules started yesterday (2 April 2007) and mean that the Agency will be able to issue £300 fines to any businesses found to be illegally carrying waste.
The Environment Agency is implementing powers to issue FPNs for certain environmental offence including failure to provide evidence of being a registered waste carrier and compliance with laws on the Duty of Care, and for some offences relating to managing hazardous wastes.
These powers come from the Clean Neighbourhoods and Environment Act 2005 and the Hazardous Waste Regulations. The 2005 Act also enables local authorities to issue fixed penalties for misdemeanours such as dropping litter or dog fouling.
Currently there are no requirements for waste carriers or brokers to carry registration certificates with them and they have in the first instance seven days to produce the documents when asked. If they fail to do so within this time, an FPN may be issued.
Comments
Liz Parkes, Head of Waste at the Environment Agency, said:
"By law, businesses in England and Wales must be registered with the Environment Agency if they transport waste. This helps waste to be managed lawfully in this lucrative industry, and to prevent fly-tipping and illegal dumping.
"However, we know there are some businesses who are avoiding registering with us. These Fixed Penalty Notices (FPNs) will act as a further deterrent to them and will give them a much-needed jolt to make sure they stay on the right side of the law.
Liz Parkes continued: "Use of FPNs will help encourage businesses to comply with the law, particularly in the areas of hazardous waste and waste transportation. FPNs also help in our fight against illegal waste activity allowing us to target our enforcement resources on tackling more serious waste crimes. It also means that we will be consistent in our approach with Local Authorities who have similar powers to issue FPNs."
"Over the past two years, we have made significant progress in tackling waste crimes such as large-scale illegal dumping of waste. We continue to work closely with local authorities to tackle the general problem of smaller scale fly-tipping.
"Often the large scale and complex cases of illegal dumping of waste are masterminded by criminals. This type of illegal dumping of waste is not only an environmental problem, but costs us all millions each year to clean up.
"Everyone has a duty to make sure their waste is disposed of legally yet some people think they can get away with using rogue traders. We want to encourage businesses to comply with the law and stamp out the illegal businesses so that the only ones left are those that care about our environment."
Further information
To register as a waste carrier or broker or to check whether the person collecting your waste is registered with the Environment Agency, visit www.environment-agency.gov.uk or call 08708 506 506.