If you intentionally drop, throw down or deposit litter or allow your dog to foul without picking it up, you have committed an offence under the Environmental Protection Act 1990 and the Clean Neighbourhood and Environment Act 2005. Under the aforementioned legislation, Environmental Enforcement Officers have the powers to issue a Fixed Penalty Notice (FPN) for the amount of £85 for the offence.
What is the definition of litter?
Litter has no strict definition, it includes ANYTHING that is discarded.
How do I report someone who has littered or a heavily littered area that needs patrolling?
You can email Environmental.Enforcement@merthyr.gov.uk alternatively you can call us on 01685 725000.
Do I have to give my name and address to an officer?
It is a Criminal Offence under Section 88(8B) of the Environmental Protection Act (1990) for a person to fail to provide an Authorised Officer with their full name and address, or provide a false name and address. The maximum penalty for this offence is £1000 in the Magistrates Court.
Is there an early payment discount?
There are no reductions for early payment.
What happens if I don’t pay my FPN?
An offender will be given 14 days following the date of issue to pay a FPN. If they fail to do so, the Council will seek a conviction through the Magistrates Court. If convicted, the offender will receive a fine of up to £2500. This is due to littering and dog fouling offences being Criminal in nature and not Civil.
Is the Council using this to generate income?
This will not be used as a way to generate income. The only reason for enforcement action is to clean up the streets within the borough and to educate offenders.
Are the Environmental Enforcement Officers paid commission for issuing FPNs?
Environmental Enforcement Officers are not on commission and are salaried. This does not increase regardless of the amount of FPNs issued and no incentives are offered.
Can I appeal against my FPN?
If you are served a FPN by Merthyr Tydfil County Borough Council, but you disagree that you have committed an offence or feel that it was unreasonable for us to serve the FPN, you can appeal, in writing to The Head of Neighbourhood Services, Civic Centre, Castle Street, Merthyr Tydfil, CF47 8AN.
Should the Council put signs up if they are issuing FPNs?
We are not required to place signs in every street, road, highway and open park/space to tell people not to litter. Littering is a criminal offence and has been for many years.
Why should I pay my FPN when there was no bin around to discard my litter?
It is not possible to place litter bins on every street, road or highway. Every effort is made to place bins where they are most needed such as, town centres and shopping areas. Where bins are not available it is up to you to act responsibly and take your litter home or carry it until a bin is available.
Will I still be given an FPN if I offer to pick my litter up?
The offence relates to deliberately dropping, throwing or depositing litter and leaving it. Regardless if you choose to pick litter up afterwards, you have committed an offence and will be issued with an FPN.