Frequently Asked Questions
Am I legally responsible for my rubbish, even if I pay for its removal?
Yes - When you hire someone to remove your rubbish, you remain legally responsible for the proper disposal. This means if your rubbish is illegally dumped or fly-tipped you are still liable for fines & legal action. This is called the duty of care. The best way to avoid these fines is to use waste removal companies that hold a valid Environmental Agency License, as well as getting a Waste Transfer Notice. Thankfully ClearWaste handles all of this for you, so you can ensure your waste is disposed of in an ethical, environmentally conscious and legal manner.
What happens when I submit a fly-tipping report on ClearWaste?
All reports are sent to their local authority or council. This ensures that councils are kept informed of the illegal fly-tipping occurring in their area, and they can then work to remove and clear any waste. You will be able to view your report, and other reports submitted by concerned local community members. You can comment on reports to help provide information and updates, all which the council will be able to see.
What don't Local Authorities clear private land?
Local authorities generally do not clear fly-tipped waste from private land because the legal responsibility for maintaining private property rests with the landowner. Councils are funded by public money and are primarily responsible for public land or matters affecting public safety, so using council resources to clear private property would be unfair and legally questionable. It is unfair and frustrating for private landowners to be targeted by fly-tippers, as the costs and effort fall entirely on them despite the problem being caused by someone else’s illegal actions. Councils have enforcement powers to require landowners to remove fly-tipped waste. If an owner fails to act, the council may remove it and recover the costs from the landowner.
How to Prove You’ve Followed Your Duty of Care
1. Use a Licensed and Vetted Waste Carrier Always ensure the waste carrier is fully licensed. Keep a record of the carrier’s credentials (screenshot, email, or document). 2. Obtain a Waste Transfer Note (WTN) or Receipt Every time you hand over waste, get a waste transfer note or receipt. This should include: Your details (name, address) Carrier’s details and licence number Description and quantity of waste Date of collection 3. Document the Disposal Process Keep emails, quotes, or messages confirming the collection arrangement. Take photos of the waste before collection if possible. 4. Respond Promptly if Waste is Fly-Tipped Notify the Local Authority immediately. Provide them with your waste transfer documentation and carrier details. 5. Keep Records for the Required Period Maintain all records for at least two years for business waste. Even for household waste, keeping documentation is good practice.