Dear Environment Agency,

Please refer to my request of 20th January 2017
https://www.whatdotheyknow.com/request/f...

You kindly supplied the following table showing the number of fly-tipping events and prosecutions by year

+------------------------------------------------------------------------+
| Year | Events | Prosecutions |
|------------------------+-----------------------+-----------------------|
| 2006 | 835 | 96 |
|------------------------+-----------------------+-----------------------|
| 2007 | 723 | 80 |
|------------------------+-----------------------+-----------------------|
| 2008 | 507 | 80 |
|------------------------+-----------------------+-----------------------|
| 2009 | 796 | 47 |
|------------------------+-----------------------+-----------------------|
| 2010 | 656 | 27 |
|------------------------+-----------------------+-----------------------|
| 2011 | 423 | 35 |
|------------------------+-----------------------+-----------------------|
| 2012 | 288 | 23 |
|------------------------+-----------------------+-----------------------|
| 2013 | 269 | 40 |
|------------------------+-----------------------+-----------------------|
| 2014 | 245 | 27 |
|------------------------+-----------------------+-----------------------|
| 2015 | 156 | 26 |
+------------------------------------------------------------------------+

Can you please up-date this information to show the figures for 2016 and for the that part of 2017 for which data is available saying what time period is covered.

I am assuming that the years are calendar years not financial years. Please correct me if this is not the case.

Yours faithfully,

Peter Silverman

Enquiries, Unit, Environment Agency

5 Attachments

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National Requests, Environment Agency

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Dear Peter

 

Thank you for your request for environmental data.

 

We are treating your enquiry as an Information Request under the
Environmental Information Regulations 2004/Freedom of Information Act
2000.

 

Your request will be dealt with by our National Request Team under
reference NR68815.

 

The Environment Agency covers England only.

 

For Scotland, Northern Ireland and Wales, please see the links below:

 

[1]http://www.sepa.org.uk/

 

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The Environment Agency’s obligation under the relevant legislation is to
provide you with the requested information within 20 working days from the
date your enquiry is received, but we shall endeavour to respond as soon
as we can.

 

In the meantime should you have any queries regarding this request please
contact us at: [4][email address]

 

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Dear National Requests,

You have not responded to my request in the statutory 20 working days.

Please could you respond asap.

Yours sincerely,

Peter Silverman

National Requests, Environment Agency

Dear Peter

Enquiry regarding incidents and prosecutions

 

Thank you for your enquiry which was received on 30-11-2017.  

 

We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

Information regarding prosecutions is publicly available as Open Data.

 

It is contained within the prosecutions open dataset, which can be found
here:

 

[1]https://data.gov.uk/dataset/environment-...

 

The figures for incidents for the calendar years of 2016 & 2017 are below.
The data for 2017 is for any incidents reported so far where the record
has been set as completed or closed.

2016 - 270
2017 – 253

 

*Incidents are reported to the Environment Agency by various sources. Pre
November 2013 they were not classified in anyway until officers
substantiated the report and it became a substantiated incident. In 2013
we introduced a report type that is assigned when the report is made,
which enables us to provide figures for the number of reports about
certain types of incident, or the number of incidents. There may be
multiple reports for a single incident.

 

Please refer to [2]Open Government Licence which explains the permitted
use of this information.

 

Please get in touch if you have any further queries or contact us within
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Dear National Requests,

The data on prosecutions is not available from the link you have given. I have actioned all of the subsequent links to no avail.

Please provide the number of prosecutions asap

Yours sincerely,

Peter Silverman
01895 625770

National Requests, Environment Agency

5 Attachments

Dear Mr Silverman,

 

Our open data does contain details of successful prosecutions undertaken
by the Environment Agency. The report is updated on a quarterly basis,
coinciding with financial year quarters. Updates are cumulative.

 

Please click on the link below for direct access to the spreadsheet:

 

[1]https://ea.sharefile.com/share/view/s981...  

 

Once you have accessed the above sharefile link please click the
'download' button to obtain access to the spreadsheet which contains data
from 2000 -2017. You can then filter the spreadsheet for information on
your chosen dates.

 

Please refer to our Open Government Licence which you can view at the link
below, this explains permitted use of this information:

 

[2]http://www.nationalarchives.gov.uk/doc/o...

 

With thanks,

 

National Request Team

National Customer Contact Centre - Part of National Operations Services

 

( Tel: 03708 506 506

: Web Site: [3]www.gov.uk/environment-agency

 

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show quoted sections

Dear National Requests,

Thank you for that link which did, as you indicated, allow me to access a spreadsheet of EA prosecutions

I sorted the data by column K (Legislation used) and then by column D (Date).

This enabled me to examine prosecutions made under EPA S 33 (A) (fly-tipping) in date order.

It threw up only one prosecution for 2015 and none thereafter.

The reason for this was that vast majority of cases were against individuals. In those cases the individuals name was replaced by " Individual name withheld". That's fine. However under date (column D) it said in those same cases "Individual: Date withheld". It was impossible therefore to identify which year thes offences belonged to.

I was not able therefore toidentify the number of prosecutions made for 2016 and 2017

Could you please provide this information asap

Yours sincerely,

Peter Silverman

National Requests, Environment Agency

5 Attachments

Dear Peter,

 

Thank you for your email dated January 9.

 

In response, under Section 33 of the Environmental Protection Act 1990
there were 41 prosecutions in 2016 and 28 prosecutions in 2017.

 

As 2017 has just ended, there may be a few more s.33 prosecutions added to
the total as the data on our enforcement recording system is updated.

 

I hope this now completes the request in full for you.

 

Kind Regards

 

National Request Team

National Customer Contact Centre - Part of National Operations Services

Environment Agency

 

Tel: 03708 506 506

Web Site: [1]www.gov.uk/environment-agency

 

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Dear National Requests,

Thank you for your communication of 11th Jan providing the number of EPA S33(a) prosecution for the last two years.

I would like to view the further information contained in
https://ea.sharefile.com/share/view/s981...
for each of them. This would include the level of the fine, cost awarded etc etc

Please let me have this information

Yours sincerely,

Peter Silverman

National Requests, Environment Agency

5 Attachments

Dear Peter

 

Thank you for your request for Environment Agency data.

 

We are treating your enquiry as an Information Request under the
Environmental Information Regulations 2004/Freedom of Information Act
2000.

 

Your request will be dealt with by our National Request Team under
reference NR72927.

 

The Environment Agency covers England only.

 

For Scotland, Northern Ireland and Wales, please see the links below:

 

[1]http://www.sepa.org.uk/

 

[2]http://www.doeni.gov.uk/niea/

 

[3]http://www.naturalresourceswales.gov.uk/

 

The Environment Agency’s obligation under the relevant legislation is to
provide you with the requested information within 20 working days from the
date your enquiry is received, but we shall endeavour to respond as soon
as we can.

 

In the meantime should you have any queries regarding this request please
contact us at: [4][email address]

 

Kind Regards

 

National Request Team

National Customer Contact Centre - Part of National Operations Services

 

( Tel: 03708 506 506

: Web Site: [5]www.gov.uk/environment-agency

 

Click an icon to keep in touch with us:-

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National Requests, Environment Agency

5 Attachments

Dear Mr Silverman

 

Enquiry regarding further information on prosecutions.

 

Thank you for your enquiry which was received on 16 January 2018.

 

We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

I attach the further information on prosecutions as requested.  Please
refer to [1]Open Government Licence which explains the permitted use of
this information.

 

We are unable to provide you with the following information:

 

We are withholding the identities of individuals where the date of the
action against them was more than one year before the date this dataset
was produced. This is personal data under the Data Protection Act 1998
(DPA) and to disclose it would breach the First Data Protection Principle
of the DPA. 

 

As a public body we are required under the Freedom of Information
Act/Environmental Information Regulations to give reasons for this
refusal.  We also need to show that we have considered the Public Interest
balance between refusal and disclosure.  You can find the details in the
appendix attached.

 

If you are not satisfied you can contact us within 2 calendar months to
ask for our decision to be reviewed. We shall review our response to your
request and give you our decision in writing within 40 working days.

 

If you are still not satisfied following this, you can raise a concern
with the Information Commissioner, who is the statutory regulator for
Freedom of Information and the Environmental Information Regulations.  The
contact details are:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Website: [2]http://ico.org.uk

 

Yours sincerely

 

Maria Bisby

Customer Service Adviser, National Requests, NCCC

Contact Centre Services - Part of Operations, Regulation & Customer

 

( Tel: 03708 506 506

: Web Site: [3]www.gov.uk/environment-agency

 

Click an icon to keep in touch with us:-

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Appendix

 

Relevant exceptions

The exceptions that apply to the withheld information are:

 

Regulation 13(1) of the Environmental Information Regulations 2004, which
explains that:

 

“To the extent that the information requested includes personal data of
which the applicant is not the data subject and as respects which either
the first or second condition below is satisfied, a public authority shall
not disclose the personal data”.

 

The ‘first condition’ referred to above is further explained in Regulation
13(2)(a):

 

“…in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene —

i)                 any of the data protection principles…”.

 

The First Data Protection Principle requires that we are fair to
individuals when we collect and use their personal data.  In this case it
would be unfair to disclose information relating to an identifiable
individual as such individuals have a reasonable expectation that any
information held about them by the Environment Agency would remain
confidential.

 

 

From: Peter Silverman [mailto:[FOI #449637 email]]
Sent: 16 January 2018 14:57
To: National Requests <[email address]>
Subject: Re: NR68815

 

 

Dear National Requests,

 

Thank you for your communication of 11th Jan providing the number of EPA
S33(a) prosecution for the last two years.

 

I would like to view the further information contained in
[9]https://ea.sharefile.com/share/view/s981...

for each of them. This would include the level of the fine, cost awarded
etc etc

 

Please let me have this information

 

Yours sincerely,

 

Peter Silverman

 

show quoted sections

National Requests, Environment Agency

6 Attachments

Dear Mr Silverman

 

Please accept my apologies, I forgot to attach the data in my previous
email.

 

Now attached.

 

Maria Bisby

Customer Service Adviser, National Requests, NCCC

Contact Centre Services - Part of Operations, Regulation & Customer

 

( Tel: 03708 506 506

: Web Site: [1]www.gov.uk/environment-agency

 

Click an icon to keep in touch with us:-

[2]cid:image003.gif@01D39118.2E87A300[3]cid:image004.png@01D39118.2E87A300[4]cid:image005.gif@01D39118.2E87A300[5]cid:image006.gif@01D39118.2E87A300[6]cid:image007.gif@01D39118.2E87A300

 

 

 

From: National Requests
Sent: 13 February 2018 12:32
To: '[FOI #449637 email]'
<[FOI #449637 email]>
Subject: NR72927

 

Dear Mr Silverman

 

Enquiry regarding further information on prosecutions.

 

Thank you for your enquiry which was received on 16 January 2018.

 

We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

I attach the further information on prosecutions as requested.  Please
refer to [7]Open Government Licence which explains the permitted use of
this information.

 

We are unable to provide you with the following information:

 

We are withholding the identities of individuals where the date of the
action against them was more than one year before the date this dataset
was produced. This is personal data under the Data Protection Act 1998
(DPA) and to disclose it would breach the First Data Protection Principle
of the DPA. 

 

As a public body we are required under the Freedom of Information
Act/Environmental Information Regulations to give reasons for this
refusal.  We also need to show that we have considered the Public Interest
balance between refusal and disclosure.  You can find the details in the
appendix attached.

 

If you are not satisfied you can contact us within 2 calendar months to
ask for our decision to be reviewed. We shall review our response to your
request and give you our decision in writing within 40 working days.

 

If you are still not satisfied following this, you can raise a concern
with the Information Commissioner, who is the statutory regulator for
Freedom of Information and the Environmental Information Regulations.  The
contact details are:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Website: [8]http://ico.org.uk

 

Yours sincerely

 

Maria Bisby

Customer Service Adviser, National Requests, NCCC

Contact Centre Services - Part of Operations, Regulation & Customer

 

( Tel: 03708 506 506

: Web Site: [9]www.gov.uk/environment-agency

 

Click an icon to keep in touch with us:-

[10]cid:image003.gif@01D39118.2E87A300[11]cid:image004.png@01D39118.2E87A300[12]cid:image005.gif@01D39118.2E87A300[13]cid:image006.gif@01D39118.2E87A300[14]cid:image007.gif@01D39118.2E87A300

 

 

Appendix

 

Relevant exceptions

The exceptions that apply to the withheld information are:

 

Regulation 13(1) of the Environmental Information Regulations 2004, which
explains that:

 

“To the extent that the information requested includes personal data of
which the applicant is not the data subject and as respects which either
the first or second condition below is satisfied, a public authority shall
not disclose the personal data”.

 

The ‘first condition’ referred to above is further explained in Regulation
13(2)(a):

 

“…in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene —

i)                 any of the data protection principles…”.

 

The First Data Protection Principle requires that we are fair to
individuals when we collect and use their personal data.  In this case it
would be unfair to disclose information relating to an identifiable
individual as such individuals have a reasonable expectation that any
information held about them by the Environment Agency would remain
confidential.

 

 

From: Peter Silverman
[[15]mailto:[FOI #449637 email]]
Sent: 16 January 2018 14:57
To: National Requests <[16][email address]>
Subject: Re: NR68815

 

 

Dear National Requests,

 

Thank you for your communication of 11th Jan providing the number of EPA
S33(a) prosecution for the last two years.

 

I would like to view the further information contained in
[17]https://ea.sharefile.com/share/view/s981...

for each of them. This would include the level of the fine, cost awarded
etc etc

 

Please let me have this information

 

Yours sincerely,

 

Peter Silverman

 

show quoted sections

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