At a time when correctly disposing of waste (especially industrial waste) is becoming more expensive, many unscrupulous traders and private individuals are choosing to fly tip rather than take their rubbish to a designated disposal site. That means the clean-up bill lands on someone else’s plate, and there is a real risk that the landscape can be contaminated with highly toxic rubbish.
It can be very difficult to stop fly tippers, especially in rural areas. Surveillance cameras are scarce in the countryside and, even in cities with cameras on every street corner, there are spots where fly tippers can dump material undetected. As a result, the inability to identify tippers makes it difficult to seek any kind of redress for victims of this crime.
Dealing with fly-tipped waste
If the worst happens and waste has been dumped, be careful about approaching or handling it, especially if it is builder’s rubble. It could contain highly toxic waste such as asbestos mixed in, or pollutants such as used oil or chemicals.
Immediately notify your local council and do not move or remove the waste until they have had a chance to examine it. Take photos and document the waste as much as possible. Where it is safe to do so, look for clues, such as receipts or envelopes with names and addresses on them, as this may provide evidence that could help identify the culprits.
Once the council complete their examination of the waste, make sure you arrange for a registered waste carrier to dispose of it. Guidance on disposal can be obtained from the council. Do not be tempted to simply dump it somewhere else yourself, as you could be held responsible and face an unlimited fine as a result. If there is hazardous material in the waste, then it must be disposed by a contractor with the appropriate hazardous waste disposal licence.
Keep records of all costs incurred because, if the perpetrators are caught and successfully prosecuted, then you should be able to recover the costs of all removal and disposal.
Protect your land from fly-tipping
The easiest way to stop fly tippers is to limit their access to your land, whilst ensuring that public rights of way are not blocked off in the process. Lockable gates are the best bet but, if you cannot gate an access point, then items such hay rolls or tree stumps can act as a deterrent.
If practicable, install CCTV in vulnerable areas (although bear in mind the legislation surrounding CCTV or surveillance equipment facing onto public access points). Sometimes, even an empty camera and a sign is enough to deter fly tippers.
In addition to physical and monitoring measures, some success preventing fly tipping has been achieved by securing a High Court protective injunction against parties unknown. The legal effect of such an injunction is that anyone intending to fly tip knows upon arrival that such action is an immediate breach of a High Court injunction and therefore susceptible to contempt of court, leading to fines, seizure of assets and possible imprisonment. You will need to seek expert legal advice on the merits and costs of such an approach relevant to your circumstances.
One final word of caution – if you see someone fly tipping on your land, do not try and intervene yourself. Call 999 and inform the police, rather than potentially putting yourself at risk.
