Fly-tipping

Fly-tipping is the illegal dumping of waste. It can be liquid or solid in nature and can vary in scale significantly from a single bin bag of waste to large quantities of waste dumped from trucks.

In Wiltshire, most fly-tip reports are of a commercial nature, where waste is cleared for a fee and then dumped to avoid lawful disposal costs. Many of these are 'tip run' style ads on social media, where people offer to dispose of waste cheaply.

Fly-tipping also includes leaving items next to bins or recycling banks, or outside closed household recycling centres and charity shops.

As well as blighting our streets, fly-tipping causes harm to our environment and spoils the enjoyment of our towns and countryside. It is also a risk to humans, wildlife and farm animals.

Penalties for offenders include:

• Unlimited fine and/or five years' imprisonment (Crown Court).
• £50,000 fine and /or 12 months' imprisonment (Magistrates Court).
• A Fixed Penalty Notice of £400 if they are caught fly-tipping small scale waste.

Everyone has a legal duty of care to ensure their household or business waste is disposed of correctly. You can be prosecuted even if your waste is fly-tipped by someone else on your behalf.

If it's your waste, it's your responsibility.

If you're thinking of any waste clearance service, including those advertised on social media and anyone who takes waste away as a result of works from your property (such as tree/garden, construction waste), make sure you:

• Check they have a valid upper tier waste carrier licence
• Note their vehicle registration, make and model
• Get a receipt or waste transfer note

Find a registered waste carrier in your area or check a waste carrier licence with the Environment Agency (opens new window).

There are several things you can do with your household waste:

• If it's rubbish that cannot be recycled, such as plastic bags, plastic packaging and food waste, it can go into your household waste bin. For more information, see household waste.
• If your rubbish can be recycled, you can put it into your household recycling containers for collection. For more information, see kerbside recycling.
• Bulky items such as white goods, furniture and electrical appliances can be re-used. To find out more, see large item reuse and collection.
• You can also take items to your local household recycling centre.
• Remember, if you are you're thinking of any waste clearance service, make sure you:
  • Check they have a valid upper tier waste carrier licence
  • Note their vehicle registration, make and model
  • Get a receipt or waste transfer note

​​​​If it's your waste, it's your responsibility.

Find a registered waste carrier in your area or check a waste carrier licence with the Environment Agency (opens new window).

Do not try to rummage through the waste yourself or disturb the waste, as this could affect the scene and potential formal action. This may also put you in danger as there could be hazardous or sharp items hidden among the waste. Council staff will carry out a thorough examination of the waste as part of their investigation.

Do not attempt to confront anyone who is fly-tipping or put yourself in danger in any way. Instead, try to gather as much useful information as you can such as:

1. Time and date of incident;
2. Description of person(s) dumping waste;
3. Description of vehicle(s) involved, including registration numbers; make; model; colour.
4. Description of the waste dumped;
5. Photographs and videos can also be very useful, but only if it is possible to obtain them safely.

The more information you are able to provide, the better the chances of an investigation.

Finally, report the fly-tipped waste to us

There are four steps to a fly-tipping investigation:

1. A fly-tipping issue is reported to us.
2. Our environmental enforcement team investigates the report to gather evidence.
3. Our environmental enforcement team will arrange clearance with our contractor on land for which it is responsible (adopted highways or council-owned land).
4. All evidence (physical or witness statements) will be reviewed as to the next steps as part of the investigation. This may be no action or formal action, which can include the issue of a FPN or prosecution.

• If you have evidence of fly tipper you can report it online.
• If we feel that this evidence gives us enough information, we will review and decide a course of formal action. This may include witnesses providing a statement and attending court. Often investigations may take some time, so there may be a delay if a reward is applicable.
• If a successful formal outcome is achieved, we will let you know and within 14 days your vouchers will be posted to you.

Yes, it is possible that you may need to attend court if the investigation deems that an offender should be prosecuted. However, this is not normally the case if a fixed penalty notice is paid as this does not require any court action.