Environmental Enforcement Policy

1.0 Policy aim

1.1 The aim of this policy is to ensure that a consistent and fair approach is adopted by Wiltshire Council regarding Environmental Enforcement. In addition, this policy will aim to inform the public, businesses and other stakeholders of the principles of when and how enforcement action will be taken.

1.2 'Environmental Enforcement' covers all actions that Wiltshire Council undertakes to secure compliance with various pieces of environmental legislation. Effective enforcement action against environmental crime requires commitment from all concerned. Such action may involve advisory visits, formal action, issuing statutory notices or even prosecution. Evidence suggests that a combination of enforcement action and rapid, persistent cleansing can prevent environmental damage like fly
tipping from reappearing.

2.0 Background

2.1 In 2002 the government started a process that reviewed enforcement issues that affect local environmental quality. This resulted in a new piece of legislation being introduced, the Clean Neighbourhoods and Environment Act (2005) (CNEA). This Act extends and dramatically improves the powers that Local Authorities have to tackle environmental crimes. The CNEA was written following an extensive review of all the legislation currently used to deal with local environmental quality, and through consultation with current service providers. In addition, the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 amended the Environmental Protection Act 1990 (EPA) in May 2016. These Regulations introduced a fixed penalty notice for small scale fly-tipping which provides an effective penalty for minor fly-tipping.

2.1.1 The Council has a direct duty to enforce relevant legislation like the CNEA and EPA. This may involve dealing with individuals or householders as well as commercial and business employers or employees.

2.1.2 The Council will assist and advise where possible. However, it will undertake the necessary enforcement action against those who refuse to comply.

2.1.3 This policy should be read in conjunction with legislation, the wider council enforcement policy and other corporate policies, as well as service procedure guides.

2.1.4 Arising from the introduction of such environmental legislation like the CNEA and EPA, this Environmental Enforcement Policy sets out the approach to dealing with environmental crimes such as fly tipping, littering and domestic or commercial waste offences.

2.1.5 The Enforcement Team within the Waste & Environment Directorate conducts environmental enforcement action. This policy applies to this team and assists in the important role in achieving the goals and priorities by protecting the environment for residents, workers and visitors to the County.

2.1.6 This policy outlines the practical application of environment enforcement, which will ensure a 'firm but fair' approach by Council officers. The processes identified in this document will assist officers in their decision making process.

2.1.7 All officers will follow this policy, as far as reasonably practicable. Any departure must be approved by the appropriate line manager (which may be after the event). The departure must be justifiable, in responding to imminent risk or urgency.

Principles of good regulation

5.1.1 In common with the corporate enforcement policy, this service policy has regard to the five principles of good regulation when taking enforcement action, so that it is carried out in a way which is: 1. Transparent, 2. Accountable, 3. Proportionate, 4. Consistent; and 5. Targeted.

5.1.2 Consideration of these principles brings significant benefits to the Council, residents and businesses as a whole. By facilitating compliance, enforcement officers can achieve higher compliance rates and reduce the number of costly prosecutions they have to undertake. This will allow officers to target those who flout the law or act irresponsibly.

5.1.3 Where possible and appropriate, problems which have been identified will be dealt with by assistance, advice and guidance to achieve compliance with legal duties and best practice. Enforcement action will only be conducted as a last resort or following a significant breach of legislation.

5.1.4 It is the Council's intention to increase the awareness of businesses and members of the public in relation to their responsibilities and obligations under the relevant environmental legislation.

5.1.5 Both oral and written advice will be conducted as back up to other media which may be used to educate those persons affected by the requirements of the relevant legislation.

5.1.6 The aim is to achieve a general awareness of legislation to assist with compliance. However, this may not be used in an area where a serious or significant contravention has already been identified.