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SteveP
Joined: 23 Jan 2008 Posts: 155 Location: North Devon
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Piggyphile
Joined: 02 Apr 2009 Posts: 891 Location: Galicia
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joanne
Joined: 28 Oct 2004 Posts: 7100 Location: Morecambe, Lancashire
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Hairyloon
Joined: 20 Nov 2008 Posts: 15425 Location: Today I are mostly being in Yorkshire.
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SteveP
Joined: 23 Jan 2008 Posts: 155 Location: North Devon
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12Bore
Joined: 15 Jun 2008 Posts: 9089 Location: Paddling in the Mersey
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Posted: Tue Aug 13, 13 12:05 pm Post subject: |
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Check for anything incriminating - anything with an address etc, if you find it, bag it and return it.
At work we had a neighbouring business (beauty salon) which had a habit of using other bins for their trash. Our bin would be filled with their stuff, hair cuttings, cans, bottles, discarded beauty aids and a disproportionate quantity of McD leftovers.
I bagged it and returned it to them, on a busy Saturday afternoon, in the middle of their busy reception area.
Unfortunately several of the bags spontaneously split, spilling the contents over the floor.
Never happened again. |
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Nature'sgrafter
Joined: 22 Feb 2012 Posts: 527 Location: Sanday , Orkney
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SteveP
Joined: 23 Jan 2008 Posts: 155 Location: North Devon
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Nature'sgrafter
Joined: 22 Feb 2012 Posts: 527 Location: Sanday , Orkney
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Mistress Rose
Joined: 21 Jul 2011 Posts: 15972
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SteveP
Joined: 23 Jan 2008 Posts: 155 Location: North Devon
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Posted: Wed Aug 14, 13 8:06 am Post subject: |
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Mistress Rose wrote: |
I agree about the nicely nicely approach to start with, but I would also ask your local Councillor to come round and view the results of their policy. Sadly, I think much of that policy is dictated by central government.
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Unsurprisingly the council is not interested in helping, I have already contacted them so they have to add it to their statistics. Luckily my son is a law student so I asked him where I stood with the council should I need to escalate.
He says:-
I've read the Clean Neighbourhoods and Environment Act 2005 which your link refers to and the section on fly-tipping applies only to places where the public have free access, i.e. parks and footpaths. The offence of fly tipping is covered by this law and the Environmental Protection Act 1990 which deals with the duty of care aspect of fly tipping.
(2A)It shall be the duty of the occupier of any domestic property in England [F9or Wales] to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.]
This only makes provision for a civil duty of care, it does not create an offence. The offences created by the Environmental Protection Act 1990 relate to vehicles taking stuff to be fly tipped.
Your options are to ignore it as a one off, throw the stuff back over the fence, or dispose of the rubbish and sue your neighbour for the cost of disposing of it. The council have no jurisdiction in this matter since it is taking place on private land with no access to the public.
So, despite the national fly tipping problem and the wringing of hands by politicians, there is no penalty for dumping if you don't use a car or dump on public land.
Last edited by SteveP on Wed Aug 14, 13 8:28 am; edited 1 time in total |
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Rob R
Joined: 28 Oct 2004 Posts: 31902 Location: York
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Mistress Rose
Joined: 21 Jul 2011 Posts: 15972
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madcat
Joined: 24 May 2008 Posts: 1265 Location: worcester
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john of wessex
Joined: 18 Jun 2007 Posts: 2130
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