HC Deb 13 June 2002 vol 386 cc1367-8W
Mr. Laurence Robertson

To ask the Secretary of State for Environment, Food and Rural Affairs which organisations are responsible for clearing(a) hazardous and (b) non-hazardous items left through fly-tipping; what ability local councils have to charge organisations for the removal of items; and if she will make a statement. [60099]

Mr. Meacher

[holding answer 10 June 2002]Section 59 of the Environmental Protection Act 1990 provides local authorities, as waste collection authorities, and the Environment Agency, as the waste regulation authority, with certain powers to require the removal of hazardous and non-hazardous fly tipped waste, or to remove it themselves. Under this section, local authorities and the Agency have the power to recover their costs incurred in removing any such waste from the occupier of the land in question, unless the occupier proves that he neither made, not knowingly caused, nor knowingly permitted the deposit of the waste. In any case the authorities may recover their costs from the person who deposited the waste.