Household waste bin penalties EPA 1990 s. 46A
Under EPA 1990 s. 46A, councils in England can issue written warnings and fixed penalties for bin rule breaches that cause nuisance or amenity detriment.
46A This section applies where an authorised officer of a waste collection authority in England is satisfied that— a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and the person's failure to comply— has caused, or is or was likely to cause, a nuisance, or has been, or is or was likely to be, detrimental to any amenities of the locality. Where this section applies, the authorised officer may give a written warning to the person. A written warning must— identify the section 46 requirement with which the person has failed to comply, explain the nature of the failure to comply, explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar section 46 requirement. Where a written warning has been given in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that the person has failed to comply with the section 46 requirement identified in the warning within the period specified by virtue of subsection (3)(d). Where a person has been required to pay a fixed penalty under subsection (4) and that requirement has not been withdrawn on appeal, an authorised officer of the authority may require the person to pay a further fixed penalty to the authority if satisfied that the failure to comply is still continuing at the end of a relevant period which falls within the period of one year beginning with the day the written warning was given. For the purposes of subsection (5)— a “relevant period” is a period beginning with the day a final notice is served on the person under section 46C(5) in respect of the failure to comply that is continuing and ending with— where the person appeals against the requirement to pay a fixed penalty imposed by the final notice, the day on which the appeal that is the final appeal made by the person against the requirement is dismissed or withdrawn; where the person does not appeal, the day on which the period for appealing expires; there is no relevant period where the person appeals as mentioned in paragraph (a)(i) and the requirement to pay the fixed penalty is withdrawn on appeal. Where a written warning has been given, whether or not in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that, within the period of one year beginning with the day the written warning was given — the person has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), or the person has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b). An authorised officer may require a person to pay a fixed penalty under subsection (5) or (7) each time that the authorised officer is satisfied of the matters mentioned in the subsection. An authorised officer imposing a requirement to pay a fixed penalty under subsection (4), (5) or (7) must act in accordance with section 46C. A “ fixed penalty ” means a monetary penalty of an amount determined in accordance with section 46B. An “ authorised officer ”, in relation to a waste collection authority, means— an employee of the authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of fixed penalties under this section; any person who, under arrangements made with the authority, has the function of giving such warnings and requiring such payments and is authorised in writing by the authority to perform that function; any employee of such a person who is authorised in writing by the authority for the purpose of giving such warnings and requiring such payments.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision enables an authorised officer of a waste collection authority in England to issue written warnings and fixed penalties to persons who fail to comply with household waste bin requirements imposed under section 46.
To issue a written warning, the officer must be satisfied that the failure occurred without reasonable excuse and that it caused, or was likely to cause, a nuisance or detriment to local amenities. The warning must detail the requirement breached, explain the nuisance or detriment caused, give a timeframe for compliance if ongoing, and explain the consequences of further non-compliance.
If a person fails to comply within the timeframe specified in a warning for an ongoing breach, or repeats the same or a similar failure within a period of one year beginning with the day the warning was given, the officer may require them to pay a fixed penalty.
When it applies
- Leaving household waste bins on a narrow sidewalk continuously, creating an obstruction or local nuisance without reasonable excuse.
- Ignoring a formal written warning from a council officer regarding improper bin placement and repeating the breach within a period of one year.
- Failing to rectify an ongoing household bin requirement failure within the time period specified in an official council warning letter.
What this section does not say
- Breaches involving commercial or industrial waste containers, which are covered under epa1990s.47.
- Setting or calculating the exact monetary amount of a fixed penalty, which is governed by epa1990s.46b.
- Appealing against a fixed penalty notice issued under this section, which is governed by epa1990s.46d.
Related sections
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This page reproduces the text of EPA 1990 s. 46A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.