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Contamination of Recycling Bins

(Section 46 of the Environmental Protection Act 1990)

Section 46 of the Environmental Protection Act 1990 allows the Council to issue a fixed penalty notice to those residents who repeatedly or seriously contaminate their recycling within a 6 month period.

Recycling bins containing contaminated items such as nappies, food waste, needles, dog poo, black bags, builders waste, tyres, carpet, cat litter, metal, rubble, sanitary products, electrical items, polystyrene, clothing, cigarette butts and wood will not be emptied.

  • On the first occasion of contamination, a hanger will be left on the bin explaining why the bin has not been emptied. The crew will log the address and incident type on it's in cab system
  • On the second occasion of contamination a report is sent to our Enforcement Partners who will send an Enforcement Officer to visit the property to ascertain necessary details and then issue a Section 46 warning notice. They will also give information about what can be recycled and what is needed to do in order to get the contaminated bin emptied.
  • On a third contamination occasion, the resident will be issued with a fixed penalty notice.

What happens if I make an honest mistake by putting the wrong item in the blue bin?

Boston Borough Council will not penalize householders who make an honest mistake.  These powers are to penalise householders who don't care and continue to deliberately contaminate blue recycling bins.

If someone else contaminates my bin will I get fined?

An officer will review and investigate each individual case in order to determine the appropriate outcome.

I have received a warning letter/fixed penalty notice regarding my blue bin being contaminated however I have recently moved into this property, am I still liable for the fine?

No, if you can prove that you have recently moved into the property and was not liable at the address when the warning/fixed penalty notice was issued, we will remove all current records from our enforcement system.

How much is the fine?

You will be issued with a Fixed Penalty Notice (FPN) for £100.

Can I appeal the fixed penalty notice?

You have the right to appeal by making representation within 28 days beginning with the day on which the penalty notice is given.  If you wish to make representations relating to the offence you can do so by writing to the Enforcement Team at Boston Borough Council, Municipal Buildings, West Street, Boston, Lincolnshire, PE21 8QR or by emailing the enforcement team.

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