Fly-tipping is the illegal dumping of household and trade waste on the street, private land and in lay-bys and quiet country lanes. It is on the increase both in Derby City and nationally.
It is a criminal offence with unlimited fines and/or five years imprisonment.
If I see someone fly-tipping what should I do?
We will try to identify anyone fly-tipping in order to prosecute them.
Any information you can collect is important to us.
You should write down any details as soon as possible, using the guidance below. You may also be asked to provide a witness statement.
- Day, date, time including the time tipping stops
- Who was with you
- What you saw
- Description of fly-tippers
- What you saw them do
- Description of the vehicle used, especially the registration number, colour, make and model
- Where were you and what kind of view did you have
- How far away were you
- What was the weather like
- Description of the waste tipped - quantity, appearance, loose/bagged or drummed
- If you can, take photographs (without being seen by fly-tippers)
- Record details of how the waste was subsequently dealt with
How do I report waste that has been dumped?
If rubbish on private land is causing a nuisance or attracting vermin action can be taken to make sure the occupier or owner removes it.
If you see waste on the street contact Streetpride for the waste to be cleared.
How do I dispose of my household waste?
You, as a householder, are responsible for your rubbish and must make sure it is only passed on to authorised waste carriers.
The council provide bins for regular collection of household waste. Any extra waste needs to be disposed of legally.
Check that anyone else who collects any waste from your home is registered by visiting the Environment Agency website or phone on 03708 506506.
If any fly-tipped waste is traced back to the household it came from, the householder could be fined.
How do I dispose of waste on my land?
How do I get rid of waste on my land?
You are responsible for waste on your land. If you do not clear it you may be served with a notice requiring you to remove and dispose of it.
Householders may be able to dispose of the waste using the bulky waste collection service or by taking it to Raynesway Household Waste and Recycling Centre at Raynesway Park Drive, Derby DE21 7BH.
Some items such as asbestos or suspected asbestos do require specialist disposal and an internet search will identify companies who can arrange this.
Landlords and commercial businesses will need to arrange for a contractor to remove their waste and comply with their 'Duty of Care'.
How do I dispose of my business waste?
As a business, you have a legal duty to make sure that any waste you produce is handled safely and within the law. This is your ‘duty of care’.
It applies to anybody, from business or industry who:
- produces waste
- imports waste
- transports waste
- stores waste
- treats waste
- disposes of waste.
What are the rules for the waste 'duty of care'?
Make sure that:
- you keep your waste secure
- you check the person or organisation that takes your waste is authorised to carry waste
- your waste goes to a proper site
- you give the person or organisation a ‘waste transfer note’ – this documents and describes all the waste you are handing over.
If these rules are not followed, your waste could be disposed of illegally and you could be held responsible and prosecuted.
Why might I need a waste carrier licence?
You must register as a waste carrier, broker or dealer if you do any of the following as part of your business:
- transport your own waste
- transport or dispose of waste for someone else
- buy or sell waste
- act as a waste broker (arrange for someone to handle other people’s waste)
You can be fined up to £5,000 if you don’t register.
Apply for a waste carrier licence.
What action could I face for fly-tipping?
It is an offence fly-tip anywhere.
If you are caught committing the offence of fly-tipping in the city, you may face prosecution or for smaller fly-tips a fixed penalty of £400.
If you receive a fixed penalty and pay your fine within 14 days of the offence the matter will be closed.
If you pay within ten days the penalty will be discounted to £250 for early payment.
If the fixed penalty is refused or not paid then court proceedings will begin and you could face an unlimited fine or a prison sentence.