Fly-Tipping in Derbyshire — Your Duty of Care & How to Avoid a Fine
Most people know dumping rubbish is illegal. Fewer know that you can be fined if someone you paid to take your waste dumps it. Here's how the law works and how to protect yourself.
Your duty of care
Every household in England has a legal duty of care for its waste. That means taking reasonable steps to make sure anyone who takes your rubbish away is allowed to. If your waste ends up fly-tipped and can be traced back to you, for example by a letter with your address, the council can fine you even though you didn't dump it.
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- Check the licence. Ask for their waste carrier registration number and look it up on the Environment Agency register. It's free and takes a minute.
- Ask where it's going. A genuine company will tell you which licensed site they use.
- Get a receipt. Ask for a waste transfer note or receipt with their details on it.
- Be wary of cash-only, too-cheap offers, especially from social media posts or people knocking on doors.
The "I'll take it to the tip" myth
Derbyshire County Council is clear: once you pay a third party to remove your waste, it becomes their commercial waste and won't be accepted at the council tips. So if someone offers to take your rubbish "to the tip" for cash, that's a warning sign.
What are the penalties?
Councils in England can issue on-the-spot fines for fly-tipping and for householders who breach their duty of care. More serious fly-tipping cases can go to court, where fines can be unlimited and the most serious cases can lead to prison.
Reporting fly-tipping
In Derbyshire, fly-tipping on public land is reported to your district, borough or city council. If you see it happening, don't approach the people involved. Note what you can safely, like the time, place and vehicle registration, and report it.
Frequently asked questions
Yes. Under your duty of care, you can be fined if your waste is fly-tipped by someone you gave it to without checking they were licensed.
Search for the company on the Environment Agency's public register of waste carriers and brokers.
No. Derbyshire's council tips won't accept waste that someone has been paid to remove.
Your district, borough or city council.
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