Following a request made under the Freedom of Information Act (FOI), Harrogate Borough Council have confirmed that they are yet to make any prosecutions following a case of fly-tipping in Harrogate.
Between 18 December 2013 and 20 December 2013 a large amount of building waste was dumped in the car park on Bilton Lane, adjacent to the Ripley green way. The waste was removed a few days later, although not by Harrogate Council.
The Council say that they have spent 60 hours investigating the case and then preparing case files. They also say the investigation is on-going but should be concluded within the next few weeks.
Incidents of fly-tipping are a criminal offence and investigated by Harrogate Borough Council under several pieces of legislation including the Environmental Protection Act 1990 and The Control of Pollution (Amendment) Act 1989 – North Yorkshire Police are not normally involved.
Cases that go to a Magistrates Court carry a fine up to £50,000 and/or 12 months imprisonment. If the case goes to the Crown Court fines are unlimited and a sentence of up to 5 years in prison can be awarded if hazardous waste is dumped.
The person found guilty of fly-tipping is also liable for the costs incurred by the Council in investigating and clearing up the incident.
You could also face the same penalties if:-
- you allow someone to fly-tip on your land
- a vehicle registered to you is used to fly-tip
You could face penalties of up to £5,000 for duty of care offences, if you don’t check that the company or person you give waste to:
- has a license to carry waste
- is not taking it to an unlicensed site.