Rossendale Borough Council

Flytipping

Flytipping: Outline

Flytipping is the illegal disposal of waste on land without a waste management licence.  The Council has a responsibility to act on reports of flytipping both to ensure the removal of the waste and to take enforcement action against the offender(s). Where the waste is hazardous, the council has a responsibility to ensure public safety until the waste can be safely removed.

What should I do if I find flytipping?

You can report it to the Communities Team using the online form or via the contact details below.  Try to give as much information as possible about the location of the waste and the type of waste.

What should I do if I have witnessed someone flytipping?

To help the council track down the offender it would help if you can make a note of the person’s registration number if they were in a vehicle, and a description of the person(s) and any vehicle involved.  If you are able to identify an offender it may mean that the council can take enforcement action against that person(s).

What should I do with my waste?

Anyone disposing of waste, whether a business or householder, is required to take reasonable steps to ensure that their waste is transferred to someone who is registered with the Environment Agency to carry waste, and must obtain a written description and receipt for that waste.  It is recommended that anyone who pays someone else to take their waste away for them take a note of that person’s name and address and if possible their vehicle registration number.

Bulky household waste can be taken to your local Household Waste Recycling Centre free of charge, or residents can contact our Operations Team for a bulky waste collection on 01706 878660 (please note there is a charge for this service).

Businesses must make their own arrangements for disposal of waste produced by their business.  There are many private companies who provide this service who are registered waste carriers and will provide you with a written description of the waste, otherwise known as a ‘waste transfer’ or ‘duty of care’ note.  Business should keep their ‘duty of care’ notes to prove they are disposing of their waste legally for up to 3 years.  The council can also provide a trade waste collection service - for more information contact the Operations Team on 01706 878660.

What happens if I pay someone to take away my waste and it gets flytipped?

If you hire builders, gardeners or ‘a man with a van’ to do works on your house and/or take waste away from your property and that waste ends up flytipped, you could end up being prosecuted.  All householders have a duty of care to prevent their waste from being illegally dumped and so are required to take reasonable measures to make sure the person removing their waste is registered with the Environment Agency and gives them a written description of the waste and receipt. 

What action does the council take with flytippers?

Where the council is able to trace an offender, they will carry out an investigation and will take appropriate action having regard to the circumstances of the case.  This may mean an offender receives a formal warning, a caution, a fixed penalty notice or be prosecuted.  Offenders cannot be found in all cases and it is often difficult to trace the person responsible for flytipping waste.

What happens if someone has flytipped waste on my land?

The council will investigate incidents of flytipping on private land and take action where an offender can be traced.  The responsibility for removing flytipped waste is with the land owner but if the council is able to successfully prosecute an offender we will seek to recover the landowner’s costs of removal.  It is the landowners responsibility to secure their land to prevent flytipping.  If private land is repeatedly flytipped on without the landowner taking any measures to prevent or remove it, the council may take action against the landowner to remove the waste.