The Environmental Protection Act 1990 is the piece of legislation that covers litter and dumping.
Littering
It is against the law to drop litter in a public place. In the Falkirk Council area if a person is seen dropping litter by an Environmental Enforcement Officer or Police Officer then they can be given a £50 fixed penalty fine.
If the person pays the £50 fine within 15 days they will not have a criminal record but if they do not pay the fine they will be reported to the Procurator Fiscal and if found guilty of the offence they could receive a fine of up to £2,500.
Car owners can also be fined £50 if a driver or passenger is seen throwing rubbish out of their car.
Flytipping
Flytipping (dumping) is a serious offence and can result in a fine of up to £40,000 and/or 6 months in prison. In the most serious cases even higher fines and longer periods of imprisonment are possible. The owners of a vehicle used for dumping waste can also be prosecuted even if it wasn’t them that did the flytipping. Fixed penalties of £50 can also be issued to people dumping small amounts of waste.
Dog fouling
The Dog Fouling (Scotland) Act 2003 is the main piece of legislation covering dog fouling.
If a person allows their dog to foul (poo) in a public place and does not clean up after it they could face a fixed penalty fine of £40. If the fine isn’t paid within 28 days the fine rises to £60 and if they refuse to pay, the person is reported to the Procurator Fiscal and can get a £500 fine. People who refuse to give their name and address to an Environmental Enforcement Officer or the police can also face a £500 fine.
This law applies to places like drying greens, back courts and stair closes in addition to parks, pavements, grass verges and other public areas.