FIFE COUNCIL
Environment & Development
Committee
17 November 2005
Agenda Item No
ENVIRONMENTAL SERVICES
ENVIRONMENTAL WARDENS
1.0
1.1
INTRODUCTION
This report is designed to inform the members of the role of the Service’s
Environmental Wardens, their activities and achievements to date and their
future commitment to safeguard and enhance the quality of Fife’s built and
natural environments.
2.0
BACKGROUND
2.1
The Environment Teams responsible for the activities of the Environmental
Wardens were formed in 2003. The Area offices in West, Central and East,
early in 2004 initially recruited an aggregate of 7 Environmental Wardens on a
permanent basis. Due to the increase of workload a further 10 Wardens have
now been engaged on a temporary basis until the end of March, 2006.
2.2
It was envisaged that the Environmental Wardens would be key members of
the Environment Teams and, through the application of educational and
regulatory activities promote the achievement of a cleaner, litter-free Fife.
Through the implementation of the relevant sections of the Environmental
Protection Act 1990 and the Dog Fouling (Scotland) Act 2003 it was intended
that their efforts be specifically directed at the traditional environmental
concerns of many members of the Public i.e. the defacement of the
environment by litter, fly tipping, abandoned vehicles and dog fouling.
3.0
ENFORCEMENT POWERS AND ACTION
3.1
As a consequence of the Anti-Social Behaviour Act 2004 the Environmental
Wardens have been empowered since the start of 2005 to serve Fixed Penalty
Notices on persons found fly tipping and littering.
3.2
The notices impose a fine of £50 which requires to be paid within 14 days.
Offenders who fail to pay their Fixed Penalties may be reported to the
Procurator Fiscal who has advised that a conviction would be forthcoming
where cases were in the public interest and the evidence collected was
sufficiently incriminating.
3.3
Environmental Wardens can require the production by commercial businesses
of trade waste documentation in terms of the Duty Of care provisions required
by the Environmental Protection Act.
3.4
Environmental Wardens and Dog Wardens are both authorised to issue Fixed
Penalty Notices for dog fouling in terms of the Dog Fouling (Scotland) Act
2003.
3.5
Environmental Wardens are also charged with arranging the investigation,
removal and disposal of abandoned or nuisance vehicles in accordance with
the Refuse Disposal Amenity Act 1978 (as amended) a task previously
undertaken by the Pollution Team prior to the re-organisation of the Service.
Just over fourteen hundred vehicles have been satisfactorily dealt with by the
Environmental Wardens since January, 2004.
3.6
At the time of writing a total of a hundred and seventy-five Fixed Penalty
Notices have been issued by Environmental Wardens in Fife. One hundred
and forty-eight of these have been issued for fly tipping offences and twentyseven for littering. Four cases have been referred to the Procurator Fiscals,
Office. Offences have included littering from private and commercial vehicles,
fly tipping by householders and commercial businesses.
3.7
The support of Community Police is being sought with certain litter initiatives.
It should be noted that while Fixed Penalty Notices may be served to children
below 16 years of age they are unlikely to have the means to pay themselves.
While adult offenders may be referred to the Procurator Fiscal children under
16 years of age who fail to pay a Fixed Penalty Notice would instead have to
be referred by the Police and reported to the Children’s Panel.
4.0
ACHIEVEMENTS AND INITIATIVES TO DATE
4.1
Various settlements in Fife have been visited on a rota basis by
Environmental Wardens for the purpose of carrying out litter patrols and
surveillance adjacent in particular, to commercial centres. As a consequence,
Fixed Penalty Notices have been served on a number of offenders.
4.2
A campaign focussing on the control of fly tipping, which did increase
significantly following the introduction of charges for special collection, was
conducted in Central Area. A combination of awareness raising and
enforcement brought about a visual improvement in the situation and a
gradual acceptance by the Public of the need to be environmentally
responsible.
4.3
Attention has been focused also on ensuring commercial businesses have in
place proper arrangements for the collection, presentation and disposal of
their waste. Where the Council is contracted to provide this service the
Wardens have been tasked with confirming that businesses have addressed
the provision of suitable and sufficient waste containers for the amount of
waste materials generated. In addition, it must be borne in mind that these
containers require to be sited properly, hygienically at suitable locations in
time for uplift.
4.4
Numerous businesses throughout Fife have now been visited as part of a
planned program to ensure they are endeavouring to comply with Duty Of
Care requirements.
4.5
Attention to Duty Of Care provisions has contributed significantly to the
reduction of waste through spillage and the activity of vermin which previously
obtained unrestricted access to the contents of businesses’ waste containers.
4.6
The additional warden resource has permitted a more efficient and prompt
response to the removal of abandoned and nuisance vehicles removing
subsequent vandalism and fire risk often associated with these vehicles.
4.7
Environmental Wardens have now established links and a working
relationship with the Community Wardens in the regeneration areas of Fife.
4.8
The Environmental Wardens have now been fully trained on the methodology
of litter surveying to enable the Service to address it responsibilities under the
Environmental Protection Act 1990 and the attendant code of practice on
Litter and Refuse Control 1999.
5.0
FUTURE PLANS
5.1
Environmental Wardens will be concentrating on the improvement of
cleanliness standards in major Town Centres following the results shown by
C.I.M.S Litter Surveys. This will involve enforcement work, promotional and
campaigning initiatives directed at shoppers, businesses and residents. Town
Centre Managers will be kept updated and involved. Their advice and
assistance will be sought on how to raise awareness and help engender a
greater sense of civic pride.
5.2
The Service will seek as much positive media publicity as possible for the
initiatives and activities of the Environmental Wardens through liaison with the
Customer Relations Management Service of Fife Council.
5.3
Both the Environmental Wardens and the Cleansing staff will work closely
together in an effort to address operational problems in refuse collection
arrangements to improve street cleaning and the servicing of litter bins.
5.4
Environmental Wardens have already developed links with the Scottish
Enforcement Protection Agency (SEPA) who also have powers in relation to fly
tipping. They have been working with them during a SEPA-led National Fly
Tipping initiative which commenced in October, 2005.
6.0
CONCLUSION
6.1
A positive impact on the quality of the built and natural environments in Fife
have already been made by the appointment of Environmental Wardens. They
are seen as a viable and effective force implementing legislative requirements
and dealing with offenders in an appropriate matter. They will also continue to
focus their efforts on nurturing permanent changes in the behaviour and
attitude of those who litter and fly tip as well as providing guidance and advice
to public and trade alike in the effective management of waste.
7.0
POLICY IMPLICATIONS
7.1
The work carried out by Environmental Wardens is compatible with the aims
and objectives of the Community Plan insofar as it makes a significant
contribution towards safeguarding and improving the environment.
8.0
RESOURCE IMPLICATIONS
8.1
The Service has permanent funding for 7 Environmental Wardens and is
reliant upon funding from the Quality of Life Fund and ring-fenced funding for
abandoned vehicles to employ the remaining 10 Wardens.
9.0
CONSULTATION
9.1
The Head of Policy & Organisational Development has been consulted in the
preparation of this report.
10.0
RECOMMENDATIONS
10.1
Members are asked to note the content of this report.
Fraser Thomson
Head of Environmental Services
Unicorn House
Glenrothes
13 October 2005
Author
Calvin Morrison
Environment Team Leader (Central)
Denburn Yard
Kirkcaldy
F/n 701 7308