Fixed Penalty Notices (FPNs)
Offences for which Boston Borough Council will issue FPNs
Offence of littering - Environmental Protection Act 1990, Section 88 (1) - Amount £75
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
Failure to Produce Waste Carrier Registration Documents - Control of Pollution Act 1989, Section 5B (2) - Amount of £300
Abandoning a Vehicle - Refuse Disposal Amenity Act 1978 Section 2A (1) - Amount fixed at £200
Graffiti and Fly Posting - Anti Social Behaviour Act 2003 Section 43 - Amount £75
Unauthorised Distribution of Literature - Environmental Protection Act 1990 Schedule 3A para.7 (2) - Amount £75
Urinating - (classified as litter) - Environmental Protection Act 1990 section 87 (1) & FPN under section 88 (1) .- Amount £75
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
Dog Fouling - The Anti Social Behaviour, Crime and Policing Act 2014 The Public Spaces Protection Order (PSPO) - Amount £100
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.