The Environmental Protection Act 1990 requires that all businesses must hold a valid commercial waste contract and Waste Transfer Note(s) demonstrating the safe storage, collection and disposal of all waste produced through daily business activities, via a licensed waste contractor. Fylde Council cannot collect waste from your business unless you have entered into a commercial waste contract with ourselves. All businesses have a duty to comply with the refuse collection arrangements set out by the Council which are enforceable under the Environmental Protection Act 1990.
Any business that fail to comply with the Council’s refuse collection arrangements can be issued with an enforcement notice and breach of this can incur a Fixed Penalty of £60 or can result in prosecution whereby a fine of up to £1,000 can be issued by the Magistrates Court.
Business waste cannot be taken home and mixed with household waste, or taken the Household Waste Recycling Centre (Lytham tip). Under section 34 of the Waste (England and Wales) Regulations 2011 all business waste activity must be supported with detailed documentation. Authorised Officers can visit your premises at any time to view commercial waste contracts and Waste Transfer Notes to evidence how your business is disposing of commercial waste. Businesses are legally required to keep written or electronic records (must be visible and legible documented forms) of all controlled commercial waste produced, which has been transferred to another person, collected or disposed of, for a minimum of 2 years.
Failure to provide evidence to Fylde Council, upon request, of how you manage your commercial waste correctly can result in an enforcement notice being issued and breach of this notice can incur a fixed penalty notice of £300 or can result in prosecution whereby a fine of up to £5,000 can be issued by the Magistrates Court or an unlimited fine in the Crown Court.
Trade Waste Enforcement figures
| Action | 2011/12 | 2012/13 | 2013/14 | 2014/15 | 2015/16 | 2016/17 | 2017/18 | 2018/19 |
|---|---|---|---|---|---|---|---|---|
| Education Letters | 34 | 101 | 181 | 155 | 101 | 11 | 21 | 230 |
| Warning Letters | 21 | 5 | 19 | 26 | 44 | 2 | 9 | 32 |
| Fixed Penalty Notices | 3 | 0 | 0 | 1 | 5 | 0 | 0 | 0 |
