Dorset Council has developed a ‘Recycle for Dorset’ Service Policy detailing the service policies in relation to the collection of household recycling and residual waste for Dorset. Under the Environment Protection Act 1990 (EPA 1990), Dorset Council can specify what materials can and cannot be placed in certain kinds of waste receptacles and the location where residents must put their waste receptacles to facilitate waste collection.
If the location is outside of the boundary of a property, Dorset Council can also specify between what times the receptacles must be put out and taken back in. Dorset Council can issue a section 46 notice (Appendix 11) to a person who fails to comply with these specified requirements. Due to the amendment of the Environmental Protection Act 1990 by the Deregulation Act 2015, this has resulted in the waste collection offences becoming civil rather than criminal.
In addition, an offence has only been committed if there has been a failure to comply with the requirements a local authority has made and the failure to comply has caused a nuisance or has been detrimental to any amenities of the locality.
The following procedures are guidelines for non-compliance of the policy for the ‘recycle for Dorset’ service, and are only to be used for blatant abuse of the service. Officers should use discretion in applying these procedures as the overall aims of Dorset Council are where such an offence as detailed below occurs, the intention is to resolve the issue by information, advice and education.
Only in cases of persistence or severe non-compliance will enforcement action be taken.
Non Dorset Council sacks and containers
The ‘Recycle for Dorset’ service policy says:
- we will not collect waste contained in non-authorised Dorset Council sacks, boxes or other loose rubbish
- we will only empty wheeled bins that are provided by the Dorset Council
- we reserve the right to only collect the authorised number of sacks per property per collection
Procedural guide
First occurrence
The operative will collect the Dorset Council authorised sacks and containers but will not remove unauthorised non-Dorset Council containers, bags/waste attaching a rejection hanger and/or sticker on the bin/box/sacks. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). Non Dorset Council sacks or containers letter 1 (appendix 12) sent to the property by the depot. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will collect the Dorset Council authorised sacks and containers but will not remove unauthorised non-Dorset Council containers, bags/waste attaching a rejection hanger and/or sticker on the bin/box/sacks. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). A warning letter will be sent by the enforcement team to the householder clearly outlining their responsibilities and referring to possible action under an s46 notice (non Dorset Council sacks or containers letter 2 (appendix 12)). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will collect Dorset Council authorised sacks and containers but will not remove unauthorised non-Dorset Council containers bags/waste attaching a rejection hanger and/or sticker on the bin/box/sacks. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). The enforcement team will contact the householder to issue an s46 notice (appendix 11). The depot will be notified and details of the event will be recorded on a relevant Management system (LAGAN).
Continued non-compliance
The operative will collect the Dorset Council authorised sacks and containers but will not remove unauthorised non-Dorset Council containers, bags/waste attaching a rejection hanger and/or sticker on the bin/box/sacks. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). - An option to pay a ‘waste collection charge’ to Dorset Council, under the Controlled Waste Regulations 2012, may be given to the householder. This will provide them with a method to clear the waste. (Collection charge residential letter (appendix 12).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team:
- written warning under s46 which will include a date for compliance (appendix 13). - If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14). If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of intent be issued
- allow 28 days for appeal
- if the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 7 days) will be issued (appendix 15)
- the FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days
- appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling
- further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt
Please note that depending on the severity of the case, the enforcement team may decide to issue a Community Protection Notice instead of an s46 notice for this offence.
This will be issued if the team are satisfied that i) the conduct of the individual/household is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality and (ii) the conduct in unreasonable.
Should this be the decision, the procedure as detailed in section 6.4 of this document will be followed instead.
Collection point for emptying wheelie bins and boxes
The ‘Recycle for Dorset’ service policy says:
- containers should be placed on the kerbside at the boundary/edge of curtilage of the property adjacent to the publicly maintained road, unless otherwise agreed by the Dorset Council
Procedural guide
First occurrence
The operative will not empty the container. Should a missed collection or other complaint be reported, a depot representative will contact the householder clearly outlining the householder’s responsibilities and to identify if there are any underlying reasons as to the non/incorrect presentation of the bin/box. Collection point for emptying containers and sacks letter 1 (appendix 12) and map/diagram will also be sent out by the depot to the householder clearly outlining the householder’s responsibilities, including agreed presentation location. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will not empty the container. Should a missed collection or other complaint be reported, the enforcement team will contact the householder clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice (collection point for emptying containers and sacks letter 2 (appendix 12)). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will not empty the container. Should a missed collection or other complaint be reported, the enforcement team will contact the householder to issue an s46 notice (appendix 11). The depot will be notified and details of the event will be recorded on a relevant Management system (LAGAN).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team.
Written warning under s46 which will include a date for compliance (appendix 13).
If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14).
If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of Intent be issued.
Allow 28 days for appeal. - If the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 7 days) will be issued (appendix 15).
The FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days.
Appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling.
Further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt.
Bin presentation and return
The ‘Recycle for Dorset’ service policy says:
- after the containers are emptied…... It is the householders’ responsibility to return the containers to within the boundary of their property as soon as possible after they have been emptied and no later than the evening of the day of collection.
Procedural guide
First occurrence
The operative will empty the container. If there is evidence that the resident is not returning the container after collection, a depot representative will contact the householder clearly outlining the householder’s responsibilities and to identify if there are any underlying reasons as to the non/incorrect return of the bin/box. Containers left on highway between collections letter 1 (appendix 12) will also be sent out by the depot to the householder clearly outlining the householder’s responsibilities. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will empty the container. If there is evidence that the resident is not returning the container after collection, the enforcement team will contact the householder clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice (containers left on highway between collections letter 2 (appendix 12). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will empty the container. If there is evidence that the resident is not returning the container after collection, the enforcement team will contact the householder to issue an s46 notice (appendix 11). The depot will be notified and details of the event will be recorded on a relevant Management system (LAGAN).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team
Written warning under s46 which will include a date for compliance (appendix 13).
If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14). If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of Intent be issued.
Allow 28 days for appeal.
If the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 14 days) will be issued (appendix 15).
The FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days.
Appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling.
Further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt.
Side waste
The ‘Recycle for Dorset’ service policy says:
- additional residual waste presented alongside the residual waste bin or authorised sacks will be deemed as ‘side waste’ and will not be collected
Procedural guide
First occurrence
The operative will empty the container / collect authorised sacks but will not remove unauthorised bags/waste attaching a rejection hanger and/or sticker on the bin/box/sack. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). Side waste letter 1 (appendix 12) will also be sent out by the depot. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will empty the container / collect authorised sacks but will not remove unauthorised bags/waste attaching a rejection hanger and/or sticker on the bin/box/sack. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). An education officer will contact the householder clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice (side waste letter 2 (appendix 12). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will empty the container / collect DWP authorised sacks but will not remove unauthorised bags/waste attaching a rejection hanger and/or sticker on the bin/box/sack. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). The enforcement officer will contact the householder to issue an s46 notice (Appendix 11) for repeated non-compliance and notify the depot. Details of the event will be recorded on a relevant Management system (LAGAN).
Continued non-compliance
The operative will empty the container / collect the Dorset Council authorised sacks and containers but will not remove unauthorised non-Dorset Council containers, bags/waste attaching a rejection hanger and/or sticker on the bin/box/sacks. (If the authorised sacks and containers are inaccessible due to the unauthorised waste, they will not be collected). An option to pay a ‘waste collection charge’ to Dorset Council, under the Controlled Waste Regulations 2012, may be given to the householder. This will provide them with a method to clear the waste. (Collection charge residential letter (appendix 12).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team.
Written warning under s46 which will include a date for compliance (appendix 13).
If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14). If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of Intent be issued.
Allow 28 days for appeal.
If the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 14 days) will be issued (appendix 15).
The FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days.
Appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling.
Further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt.
Please note that depending on the severity of the case, the enforcement team may decide to issue a Community Protection Notice instead of an s46 notice for this offence. This will be issued if the team are satisfied that i) the conduct of the individual/household is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality and (ii) the conduct in unreasonable. Should this be the decision, the procedure as detailed in section 6.4 of this document will be followed instead.
Overfilled or overweight bin
The ‘Recycle for Dorset’ service policy says:
- bins should not be overfilled or too heavy for the collection vehicles and crew to move and lift safely
- the householders should make sure that the bin is not overfilled so that the lid can close completely
Procedural guide
First occurrence
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. Bins too heavy letter 1 (appendix 12) will also be sent out by the depot. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. The enforcement team will contact the householder clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice (bins too heavy letter 2 (appendix 12)). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. The enforcement team will contact the householder to issue an s46 notice (Appendix 11) for repeated non-compliance and notify the depot. Details of the event will be recorded on a relevant Management system (LAGAN).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team
Written warning under s46 which will include a date for compliance (appendix 13).
If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14). If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of Intent be issued.
Allow 28 days for appeal.
If the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 14 days) will be issued (appendix 15).
The FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days.
Appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling.
Further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt.
Contaminated bins and containers
The ‘Recycle for Dorset’ service policy says:
- any other material found in the bin and containers will be deemed as contamination and the container may not be collected
Procedural guide
First occurrence
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. Contaminated household recycling bin letter 1 (appendix 12) will also be sent out by the depot. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. An education officer will contact the householder clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice (contaminated household recycling bin letter 2 (appendix 12)). Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. The enforcement team will contact the householder to issue an s46 notice (Appendix 11) for repeated non-compliance and notify the depot. Details of the event will be recorded on a relevant Management system (LAGAN).
Continued non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sack. An option to pay a ‘waste collection charge’ to Dorset Council, under the Controlled Waste Regulations 2012, may be given to the householder. This will provide them with a method to clear the waste. (Collection charge residential letter (appendix 12)).
In cases of continued non-compliance following the issue of a s46 notice, the documents below will be issued in consecutive order by the enforcement team.
Written warning under s46 which will include a date for compliance (appendix 13).
If the non-compliance continues to be continuous, then a Notice of intent under s46 will be issued (appendix 14). If the failure to comply is not continuous, only if an individual commits another same or similar offence within one year of the first offence can a Notice of Intent be issued.
Allow 28 days for appeal.
If the representations are rejected by the council, issue a final notice that a FPN of £75 (reduced to £50 if paid within 14 days) will be issued (appendix 15).
The FPN is payable within 28 days or the individual can appeal. There is a reduced amount if paid within 14 days.
Appeal possible to a first-tier tribunal, which either confirms FPN is payable or rejects it. There is then 28 days to pay from ruling.
Further appeal possible. If it reaches the High Court or county court, it is recoverable as a civil debt.
Please note that depending on the severity of the case, the enforcement team may decide to issue a Community Protection Notice instead of an s46 notice for this offence.
This will be issued if the team are satisfied that i) the conduct of the individual/household is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality and (ii) the conduct in unreasonable.
Should this be the decision, the procedure as detailed in section 6.4 of this document will be followed instead.
Communal properties – contamination
The ‘Recycle for Dorset’ service policy says:
- where shared bins are used and Dorset Council experiences problems of persistent contamination, recycling facilities may be restricted, changed or withdrawn
- wheeled bins and containers must be clearly visible with no restrictions to access. All wheeled bins and food containers must be presented with closed lids. For residual waste no extra bags, boxes or loose residual waste (side waste) will be collected
Unlike the procedure for individual householders, operatives will continue to empty the containers for each non-compliance (as part of the refuse round the following week). This is because there is limited opportunity for the management agency / landlord / housing association to clear the waste.
They are unable to use a private contractor because the bins are Dorset Council owned and they would be unable to empty the communal containers and take the waste to a household recycling centre.
As it states in the procedural guide below, should non – compliance continue following the issuing of the letters, a s46 notice will be issued and at this point, the charges for each collection will commence.
Procedural guide
First occurrence
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. The container will be emptied the following week as refuse. Contaminated communal recycling bin letter 1 (appendix 12) will also be sent out by the depot to the householders and management agency / landlord / housing association. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. The container will be emptied the following week as refuse. An education officer will contact the management agency / landlord / housing association clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice. Contaminated communal recycling bin letter 2 (appendix 12) will also be sent out to the householders and management agency / landlord / housing association. Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. The container will be emptied the following week as refuse. An enforcement officer will contact the management agency / landlord / housing association to issue an s46 notice to each householder (Appendix 11) for repeated non-compliance and notify the depot. Details of the event will be recorded on a relevant Management system (LAGAN).
Continued non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sacks. The container will be emptied the following week as refuse. - A ‘waste collection charge’ under the Controlled Waste Regulations 2012, will be given to the management company / landlord / housing association. This charge will then be issued for all collections of contaminated waste following the issue of the s46 notice. (Collection charge communal letter (appendix 12)).
The ‘Recycle for Dorset’ service policy says
- wheeled bins and containers must be clearly visible with no restrictions to access. All wheeled bins and food containers must be presented with closed lids. For residual waste no extra bags, boxes or loose residual waste (side waste) will be collected
Procedural guide
First occurrence
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. Blocked in communal rubbish bins letter 1 (appendix 12) will be sent out by the depot to the householders and management agency / landlord / housing association. The container(s) will be emptied on the next scheduled collection if the management agency / landlord / housing association clears the side / excess waste to allow access. Details of the event will be recorded on a relevant management system (LAGAN).
Second non-compliance
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. An education officer will contact the management agency / landlord / housing association clearly outlining the householder’s responsibilities and referring to possible action under an s46 notice. Blocked in communal rubbish bins letter 2 (appendix 12) will be sent to the householders and management agency / landlord / housing association. The container(s) will be emptied on the next scheduled collection if the management agency / landlord / housing association clears the side / excess waste to allow access. Details of the event will be recorded on a relevant management system (LAGAN).
Third non-compliance
The operative will not empty the container and attach a rejection hanger and/or sticker on the bin/box/sacks. An enforcement officer will contact the management agency / landlord / housing association to issue an s46 notice to each householder (Appendix 11) for repeated non-compliance and notify the depot. The container will be emptied on the next scheduled collection if the management agency / landlord / housing association clears the side / excess waste to allow access. Details of the event will be recorded on a relevant Management system (LAGAN).
Continued non-compliance
The operative will not empty the container attaching a rejection hanger and/or sticker on the bin/box/sacks. The container will be emptied on the next scheduled collection. - A ‘waste collection charge’ under the Controlled Waste Regulations 2012, will be given to the management company / landlord / housing association. This charge will then be issued for all collections of waste (including the cost of clearing the excess side waste) following the issue of the s46 notice. (Collection charge communal letter (appendix 12)).