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Skip and flytipping
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post Tue, 25 Feb 2020 - 08:47
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There is a small fuss on my local facebook about this.

Suppose a householder has a licensed skip on the road outside their property during building works, which contains rubble.

During the night, unknown flytippers deposit many bags of rubbish on top of the rubble, overfilling the skip, and mounding onto the road. Some of the flimsy bags also split, allowing rubbish to blow along the road and onto other householders property.

I don't think the skip was securely covered (or likely it would have a cover with a slit in it now.)



Who pays to clean up the flytipped rubbish overspill?

Is it tough luck on the neighbours as the rubbish is now on their property and now belongs to them? (I am thinking of that householder prosecuted for sweeping leaves back onto the street where they came from)


I had a look at the Council skip licence and the application states


QUOTE
I / We understand that my Company will accept all liability for the protection of the skip and for the protection and safety of all public and private service lines, cables, ducts, pipes, walls and structures, above and below ground, likely to be affected, and will indemnify the Council from and against all actions, incurred by the Council and against any loss or damage caused to the Council arising directly or indirectly from the deposit and removal of the skip


So does that mean any Council clearup is billed to the licence holder?
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post Tue, 25 Feb 2020 - 08:47
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Fredd
post Tue, 25 Feb 2020 - 11:08
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QUOTE (facade @ Tue, 25 Feb 2020 - 08:47) *
So does that mean any Council clearup is billed to the licence holder?

And what does the skip hire contract say about any costs they incur due to misuse of the skip?


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post Tue, 25 Feb 2020 - 11:33
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I don't know, it isn't mine, I imagine the skip company has thought of it though, unless they have never seen "One Foot in the Grave" wink.gif

I take it that the Council can pass any costs from cleaning up rubbish that ever touched the skip to the skip hire, and they have to chase the flytipper?
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Fredd
post Tue, 25 Feb 2020 - 11:44
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What you'll find is that the hire contract makes the customer responsible for costs the hire company incurs due to hazardous waste, overfilling, etc etc. They won't be chasing some unknown fly-tipper, they'll be going after their customer.


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rosturra
post Tue, 25 Feb 2020 - 12:26
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QUOTE (facade @ Tue, 25 Feb 2020 - 08:47) *
I am thinking of that householder prosecuted for sweeping leaves back onto the street where they came from



Do you have a link for that?

There is a huge plane tree on the verge adjacent to our garden.
Autumn is a bugger.
We have to pay for green waste removal; so resent filling green bins with council waste.

Tend to put leaves fallen in garden in the green bin, but sweep leaves on drive to the border with street to be collected later... and if the wind takes it away...



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peodude
post Tue, 25 Feb 2020 - 16:25
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QUOTE (rosturra @ Tue, 25 Feb 2020 - 12:26) *
Do you have a link for that?


https://www.dailymail.co.uk/news/article-22...er-collect.html

Is the only link I can find, and not a very reputable source.

This post has been edited by peodude: Tue, 25 Feb 2020 - 16:25
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cp8759
post Tue, 25 Feb 2020 - 16:36
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As far as I recall there was some case law some time ago about this counting as "theft of space", I.e. the paid for space in the skip.


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post Wed, 26 Feb 2020 - 11:55
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Thanks all.

It seems pretty much as I suspected, the householder who hired the skip either cleans it up, or they get the bill eventually*, even though the rubbish is nothing to do with them.



* As in the Council come out especially, so they bill the skip owner due to the permit, the skip owner bills the householder, due to a line in the contract. Then I suppose the householder refuses to pay, and at the small claims court finds out whether "it isn't my rubbish" trumps "The contract you signed clearly states......"
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The Rookie
post Wed, 26 Feb 2020 - 12:24
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Much like rubbish dumped on your own land (assuming you can't find the perp') then.... that's shocking isn't it (no not at all).


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post Sat, 29 Feb 2020 - 12:41
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QUOTE (The Rookie @ Wed, 26 Feb 2020 - 12:24) *
Much like rubbish dumped on your own land (assuming you can't find the perp') then.... that's shocking isn't it (no not at all).


You never call out the Council for rubbish flytipped on your land. Luckily, flytippers often dump it right on the road next to farm gates, which is fortunate for the farmers, if it had been dumped on their land, they would have to pay.
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