Decision details

Householders Duty of Care - setting of fee

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Executive was informed that under section 34(2A) of the Environmental Protection Act 1990, occupiers of domestic property disposing of household waste had a duty of care for the disposal of that waste. The duty of care required householders to ensure that they take all reasonable measures available to ensure that they only transfer household waste produced on their property to an authorised person.

 

It was reported that failure to meet the householder’s duty of care was a criminal offence which could result in prosecution. As an alternative, a fixed penalty notice (FPN) may be given; prosecution would only then occur if the fixed penalty sum remained unpaid.

 

Members agreed to introduce a fixed penalty sum of £400, the maximum permitted by legislation. It was also agreed to apply a discounted penalty of £300 for any FPNs paid within 14 days.  

 

RESOLVED that

 

(i)        the Fixed Penalty Charge be applied where the occupier of a residential premises has failed in their waste duty of care;

 

(ii)      the Fixed Penalty Charge be set at £400; and

 

(iii)     a discounted penalty of £300 be agreed for any Fixed Penalty Notices paid within 14 days.

 

 

Report author: Julia Greenfield

Publication date: 26/11/2020

Date of decision: 17/11/2020

Decided at meeting: 17/11/2020 - Executive

Accompanying Documents: