Section 87 Environmental Protection Act

Offences for which Boston Borough Council will issue FPNs

Offence of littering - Environmental Protection Act 1990, Section 88 (1) - Amount £75 reduced to £55 if paid within 10 days of the date of issue.

Street Litter Control and Litter Clearing Notices - Environmental Protection Act 1990, Section 94A (2). (A principal litter authority may in accordance with this section serve a notice "litter clearing notice" to the occupier of the land to which it relates to clear the land of any litter or refuse. FPN amount £100, reduced to £70 if payment is made within 10 days of the date of issue.

Failure to Produce Waste Carrier Registration Documents - Control of Pollution Act 1989, Section 5B (2) - Amount of £300 reduced to £230 if payment is made within 10 days of the date of issue.

Abandoning a vehicle - Refuse Disposal Amenity Act 1978 Section 2A (1) - Amount fixed at £200 reduced to £150 if payment is made within 10 days of the date of issue.

Graffiti and Fly Posting - Anti Social Behaviour Act 2003 Section 43 - Amount £75 reduced to £55 (set locally) if paid within 10 days of the date of issue.

Unauthorised Distribution of Literature - Environmental Protection Act 1990 Schedule 3A para.7 (2) - Amount £75 reduced to £55 (set locally) if paid within 10 days of the date of issue.

Urinating - (classified as litter) - Environmental Protection Act 1990 section 87 (1) & FPN under section 88 (1) .- Amount £75 reduced to £55 (set locally) if paid within 10 days of the date of issue.

Spitting - (if classified as litter) - Environmental Protection Act 1990 (Section 87 "A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it".) FPN Issued under section 88 - Amount £75 reduced to £55 (set locally) if paid within 10 days of the date of issue.

Dog Fouling - Dogs (Fouling of land) Act 1996 Section 59(2) - Maximum amount £50.

The Clean Neighbourhoods and Environment Act 2005 (CNEA) repealed the Dogs(Fouling of Land) act 1996. It gave Local Authorities the ability to introduce new Dog Control Orders. Control Orders issued under the CNEA offer a much more modern, robust approach to dog fouling enforcement, including higher fines and stricter controls.

Boston Borough Council will look at implementing the Dog Control Orders, brought in under the Clean Neighbourhoods and Environment Act 2005.

The FPN must be paid within 14 days of it being served. If it is not paid the case will then be considered for prosecution in the magistrate's court.

Fly Tipping

The illegal disposal of waste as prescribed under section 33 of the Environmental Protection Act (1990, c.43 part II).It is differentiated from littering as being equal or greater in volume than a single black bin bag.

The DEFRA guidance states that Fixed Penalty Notices should not normally be issued for Fly Tipping unless the fly tip is no more than one standard size black bin bag.

Boston Borough Council will prosecute where there is sufficient evidence to determine who committed the crime. The Council will also recover all costs for clearance and disposal.

The offence of fly-tipping and the additional offences of 'knowingly causing' or 'knowingly permitting' fly-tipping are set out in s.33(1)(a) of the Environmental Protection Act 1990. The maximum penalties for fly-tipping on summary conviction are a £50, 000 fine and/or twelve months' imprisonment. On conviction in a Crown Court the maximum penalties are an unlimited fine and/or five years imprisonment.