Torbay Council

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Household Waste and the Law

The Problem

When household waste is not stored securely inside a seagull bag, a dustbin or a wheeled bin, or is put out well in advance of collection, our streets can quickly become heavily littered due to the activities of scavenging animals like seagulls. This problem makes our streets look untidy, smell bad and can be potentially hazardous to the public. This is a problem not only local to Torbay but throughout the country. According to Keep Britain Tidy over 30 million tonnes of litter are collected from our streets every year which costs around £500 million to clean up.

The Law

Householders have a legal responsibility called a ‘Duty of Care’ to ensure that their waste is stored securely for collection.  Where any person is found to have not secured their waste, the council can serve a legal Notice in accordance with Section 46 of the Environmental Protection Act 1990. The Notice details exactly what a householder is required to do to ensure that they store and present their waste correctly, as well as the penalties that they can incur for further offences. If a householder chooses to ignore the Notice, they may receive a Fixed Penalty Notice for £100 or can face a fine of up to £1000 in court.
Torbay Council regularly undertakes early morning enforcement activities in areas where there is a street litter problem due to inappropriately secured waste. Where a household is found to have put out inappropriately secured waste, a Section 46 Notice may be served on the occupier. If an individual does not comply with a Section 46 Notice, then a Fixed Penalty Notice for £100 may be issued.

Securing Household Waste

You can help keep your neighbourhood litter free by taking some simple steps to ensure that your household waste is securely sealed and presented for collection.

Never leave rubbish out for collection in a bin liner or other type of plastic bag

Rubbish secured in bin liners or plastic bags must always be placed inside either a wheeled bin (this only applies to certain areas within Torbay), inside a dustbin or inside a seagull-proof bag. When using a seagull-proof bag, never put your rubbish in loose otherwise it will not be collected. If you need additional bins or seagull bags, contact the Customer Call Centre to discuss the issue on telephone 01803 207900.

Secure and identify your seagull-proof bag

If you use a seagull-proof bag, it is important that it has your address written on it and that it is secured to a post or some other fixing to ensure it does not blow away. Please do not tie the handles together as the Refuse Team will need to be able to access the bags. If you need a seagull-proof bag, please contact the Refuse Team to request one. Please note that in some cases there may be a charge for replacement bags. If your seagull-proof bag is stolen or lost, please report it to the Refuse Team.

Put your rubbish out as close to the collection time as possible

Remember that the longer your rubbish is left out, the more likely it is that it will be targeted by scavenging animals. If you are unsure of your collection time or have missed your collection, contact the Customer Call Centre to discuss the issue on telephone 01803 207900.

Bank holiday collections

The Refuse Team work all Bank Holidays with the exception of Christmas and New Year.

Make arrangements for bulky waste items

Tor2 will not remove bulky household items unless you have made a prior arrangement. If you would like Tor2 to collect bulky items, liquid, garden or hazardous waste, you will need to contact the council in advance on telephone 01803 207900 or online via the form below.
Waste which is not stored securely inside a seagull-proof bag, dustbin or a wheeled bin and waste which is put out well in advance of a collection will become street litter and breakfast for seagulls! Remember that any spillage of household waste that takes place before collection is the responsibility of the householder to clean up.

Report it!

Residents and visitors to Torbay deserve to enjoy a clean and litter free environment. If you know of a person or business who is not securing or disposing of their waste responsibly, you can help to keep Torbay tidy by reporting them on telephone 01803 207900.

Find out more

If you would like tips about how to dispose of your household waste appropriately, Keep Britain Tidy have produced a fact sheet which you can download at Managing your household waste opens in a new window




Contact Customer Call Centre