Overview

We use various pieces of legislation to enforce against the various environmental crimes you can read about in this section. These include:

  • Environmental Protection Act 1990
  • Anti Social Behaviour Act 2003
  • Criminal Damage Act 1973
  • Refuse Disposal Amenity Act 1978
  • Control of Pollution Act 1989
  • Prevention of Damage by Pests Act 1949
  • Cleaner Neighbourhoods and Environment Act 2005
We ensure our enforcement work is carried out in an effective, consistent, proportionate and fair manner across the borough. To find out more about how Camden will use the powers and tools at its disposal to reduce environmental crime, please refer to our Revised Local Environmental Quality Enforcement Policy.

What is a Section 47 Notice?

If you have been issued a Section 47 Notice this means that we suspect that you are presenting your waste for collection in bags that do not clearly identify your waste carrier and/or do not display the words “commercial” or “trade waste” (e.g. household black refuse sacks), or you are failing to comply with the time banding restrictions in your area. If you do not now ensure that your waste is presented correctly, you may be subject to prosecution.

Under Section 47 of the Environmental Protection Act 1990, the London Borough of Camden requires businesses to present their waste for collection in clearly identifiable bags or containers displaying the words ‘commercial’ or ‘trade waste’ and the name and telephone number of the registered waste carrier who collects your waste.

In addition, certain areas of the borough are subject to time banding. In these areas you must ensure that your bags or containers should be placed out on the public highway no earlier than 30 minutes before the collection time(s).

If you have any further questions about a notice you have been issued, please contact the officer listed on the Notice.

What is a Section 34 Notice?

If you have been issued a Section 34 Notice this means that we suspect you are in breach of your duty of care. If you do not now ensure that you meet your duty of care, you may be subject to prosecution.

Under Section 34 of the Environmental Protection Act 1990, businesses have a duty of care to take all reasonable steps to keep waste safe. If you employ a waste carrier to take your waste, you must be sure they are authorised to take it and can transport, recycle or dispose of it legally and safely.

Businesses must be aware that:

  • Payment for the collection and disposal of your commercial waste is not included in business rates
  • Commercial waste must be collected and disposed of by a carrier who is registered with the Environment Agency
  • The waste carrier must provide you with a waste transfer note. This is a document that details the transfer of waste from one person to another. Businesses must ensure that every load of waste they receive or pass to others is covered by this document. Waste transfer notes must be kept for at least two years.
  • You must prevent the waste causing pollution or harming anyone
  • You must stop waste escaping from your control, by storing it safely and securely
If you have any further questions about a notice you have been issued, please contact the officer listed on the Notice.

What is a Section 87?

If one of our authorised officers has witnessed you committing a littering offence on a public highway you will be issued with a Fixed Penalty Notice (FPN) under Section 87 of the Environmental Protection Act 1990.

The Act states that a person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place which is open to the air whether on land or in water unless the public do not have access to it, with or without payment.

Litter includes materials often associated with smoking, eating and drinking, including cigarette butts and chewing gum. This includes residential fly-tipping.
We aim to reduce the level of littering by providing litter education in several ways and by raising awareness across the borough of the consequences of unlawful littering. If offenders are witnessed committing an offence a FPN will be issued.

If you are issued with an FPN you have 14 days from the date of issue to pay the fine (£100). However, if you pay within 10 days you will pay a reduced rate (£80). Fines can be paid by cheque or cash at the Post Office, or by making a telephone or online payment.

If you do not pay with 14 days a summons will be issued against you and the case will be heard in the Magistrates’ Court. Should you be convicted you will receive a fine of up to £2,500 and ordered to pay the costs of prosecution.

To discuss your business waste requirements you can either contact a commercial waste carrier or contact our business waste and recycling team.

 

What is a Fixed Penalty Notice (FPN)?

Camden issues Fixed Penalty Notices (FPNs) to businesses and individuals suspected of committing environmental offences. The details of the offence we suspect you of committing can be found on the FPN itself.

There are no formal grounds of appeal against an FPN. This is because a fixed penalty notice is an invitation for you to discharge your liability to prosecution by payment of the full amount of the penalty. In essence this means that whilst this is not an admission of your guilt, you do agree that an offence has been committed and that by paying the sum of money specified that no further action will be taken by or on behalf of the council.

If you do not agree that an offence has been committed and do not pay the FPN within the time allowed, a summons will be issued against you and the case will be heard in the Magistrates’ Court. If convicted, you could be fined and be ordered to pay the costs of the prosecution.

Household waste

We provide rubbish collections to all households in Camden. Section 45 of the Environmental Protection Act states that all boroughs have a duty of care to collect and dispose of household waste.

Waste presented irresponsibly, or placed out on the wrong day, attracts litter, dumping and pests. We will contact residents who do this with advice on how to sensibly deal with their rubbish. If the problem persists and where education and advice is ignored and waste continues to be incorrectly presented and/or placed on the street out of collection times, we will use all relevant legislation at our disposal.

Those found fly tipping in Camden can be prosecuted, and could face a fine of an unlimited amount upon conviction.

Green waste, builders waste and bulky items and hazardous waste require separate collections. We provide a green waste and bulky waste collection service. There is a small charge to collect bulky waste. Private companies can be used, but it is the resident’s duty to make sure a registered waste carrier removes any other waste.