Minister: Act Increases Penalties For Littering

July 18, 2012

The Waste and Litter Control Amendment Act 2011 will allow for a fine of up to $5,000 for a first offence of littering, with a subsequent offence carrying a penalty of $25,000 or imprisonment, Minister of Public Works Michael Weeks said.

The Minister was speaking at a press conference this morning [July 18] at Aeolia Drive — located off Palmetto Road in Devonshire — one of the Island’s well known “hot spots” for illegal dumping.

Minister Weeks said: “The problem of litter and illegal dumping is all too common in Bermuda – just look behind me at this notorious dumping “hot spot”, one of many across the island.

“Unsanitary conditions resulting from roadside littering and illegal dumping serve as a breeding ground for mosquitoes and the proliferation of vermin – including rats and feral chickens that feed off improperly handled waste materials.

“Not only is littering a public health issue, but it is a blot on the landscape of our island, tarnishing the beauty of this tourist destination which results in considerable cleanup costs for the Government and the private sector. Therefore, we are urging those guilty of these acts to think about their country first and end this practice once and for all!

“Keep Bermuda Beautiful (KBB) and the Waste Management section of the Ministry of Public Works facilitate the removal and clean up of litter and illicit dump sites, but this does not address the cause of the problem.

“In 2011, KBB supported clean-ups in 134 locations with volunteers giving 5,862 hours of their time cleaning up 35.5 tonnes of litter and illegally dumped items. This is time and energy that could have better utilized supporting different community causes.

“These willful acts of public neglect have been allowed to fester for too long as a consequence of public apathy, improperly placed household garbage, inadequate design of existing garbage and recycling areas at planned communities such as condominiums, fly-tipping by unscrupulous truck drivers, to the perception that littering provides employment for others.

“The Waste and Litter Control Act 1987 provided a mechanism for prosecuting littering and illegal dumping offences. However, this required a hearing in Magistrates’ Court and adherence to strict rules of evidence which resulted in very few successful prosecutions.

“And when prosecutions were successful, substantial fines were rarely issued, despite the maximum fine of $1,000 for such offences. It would appear that enforcement of this legislation failed to serve as a deterrent.

“To address the enforcement challenge and ultimately change public behavior and attitudes towards littering and illegal dumping, the Government felt compelled to introduce the Waste and Litter Control Amendment Act 2011 (WALCAA).

“This legislation is line with other jurisdictions such as England and Wales where if waste items are registered to you or are addressed to you and are found outside of a mandated waste disposal area – you retain ownership and therefore responsible.

“With the new amendments, the Ministry of Public Works has created the same level of ownership of items by removing them the circumstantial nature of evidence in form of written correspondence and serial numbers.

“We have also included evidence obtained through the use of recording devices at dumping “hot spots” across the Island with reckless littering from motor vehicles, vessels, truck cabs or cargo loads now being classified as criminal offences.

“Furthermore, to safeguard members of the public from unscrupulous truckers, a waste handler’s license number will be issued and must be shown to both customer and at waste disposal sites, preventing the practice of fly-tipping.

“It is envisioned that improved enforceability of WALCAA will result in better waste handling practices by members of the public and private waste haulers.

“Under this Act, an individual committing an offence of littering can receive a ticket for a first offence up to a maximum of $5,000 or imprisonment and a subsequent offence $25,000 or imprisonment.

Minister Weeks continued: “However, I would like to make it clear that punitive action would be the last resort as we would simply like compliance with the legislation as well as our residents to take pride in their country by properly disposing their litter.

“When I was a student I could never figure out why my teachers would repeat lessons over and over again. And as I got older, it dawned on me that the more I heard the message; the more it stuck with me.

“So I would like to repeat one last time in closing by pleading for residents as well as public and private waste haulers to properly dispose of their waste and to remember that there are numerous options for the disposal of waste from hazardous waste, to E-waste, to horticultural and household items.

“Our Waste Management Section within the Ministry of Public remains committed to answering any questions about how and where the general public can dispose of waste in the proper manner,” concluded Minister Weeks.

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Category: All, Environment, News, Politics

Comments (30)

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  1. More with less says:

    This really means nothing as just like many other laws in Bermuda, they are not enforced. Put cameras up at all these dumping sites so you can get their license plate number. I really can’t fathom being an adult and littering, it really says something about the person.

  2. Terry says:

    Don’t even have to read what is written
    But thank you BERNOOZE.
    More spin and bullsh!t.
    Your gonna fine yah cusin $25,000……………………
    Bring on the election.

  3. Mad Dawg says:

    Another novelty law. Pass laws and never enforce them.

  4. sooooooo says:

    When was the last time you saw someone in court for littering? A true waste of the time and money it took to draft it…

  5. Spider says:

    Yeah! What about people who put their trash out on Fridays,Sat. & Sun. when they know the garbage pick up is on Mondays and Thursdays?

    • Oooo says:

      HELLER!! That pisses me off!!! Especially when they do it right before a holiday knowing it will not be picked up until like 4 days later… Like my guest want to see their filthy trash on the way to my gate!

    • can it says:

      If that pisses you off wait ’till the tramps from another neighbourhood start using YOUR gate/driveway to dump their trash on Friday night/Saturday/Sunday/Eve of a public holiday like some lazy pigs have been doing at my gate !

      I agree with all the other posters who doubt that this will ever be enforced as we’ve had anti littering fines on the books for decades and I can’t recall any slob ever appearing before a magistrate.

      At least it seems that Minister Weeks has blown the myth out of the water that we’re some mythical ‘pristine’ location inhabited by 63,000 houseprouds for all those dreamers that think we’re some example of cleanliness to the rest of the world.

    • Dis APPOINTED says:

      It may not be what it seems. Trash in my area is to picked up on Tuesdays and Fridays. However, in the last few months it sometimes takes a day or two before they pick up my trash. I put out trash assuming it is going to be picked up. I came home and its still by the road. Nothing in the paper or Bernews to say there is a strike or go slow or something going on so it stays out. Most times it gets picked up the next day but I have no way to tell when. So its sits there until they come. Not my fault. Why dont we just go back to one day a week anyway like it used to be so we can save some money!

  6. street wise says:

    What about the trash trucks that seem to create a quite a bit of litter themselves. They do not even carry a broom and a shovel on the trucks to sweep up the small bits of litter they inevitably leave behind. I’m continually picking up after them….

    Plus the grass on the Railway Trial up our way hasn’t been cut for weeks. I suppose the PLP Government has run out of money to pay for that too. A private company was doing it… have they been paid for what they have done already?

  7. Truth is killin' me... says:

    How about when taxpayers who live in the west end put out their trash on a Monday and it don’t even get picked the hell up by W&E. I’m gonna stop payin’ my taxes if this simple task cannot be done!!!

    • Dis APPOINTED says:

      Happens in Smiths and Devonshire too.

    • Decisions says:

      Its amazing how less gets done, but we have more civil servants??????

  8. Opressed says:

    Should include empty Big foot and Guinness bottles in this electioneering report.

  9. TheFuture says:

    I have never, ever heard of someone actually being fined for littering. Safe to say, 99.9% goes unpunished. I operate a farm that is on the roadside. People have dumped couches, Christmas tree stands, kids toys there. Never mind the”normal” beer bottles, food containers of all sorts on a daily basis. I even find syringes for drug use. Seriously. I was cutting fallen trees after a hurricane with a chainsaw and an individual had the nerve to throw a bottle above me and onto the farm. Good thing I am not an angry (chain saw wielding) person.

    Oh, and someone else left a car there. A car!

    Without consequences, immoral people only continue to do wrong to others.

    Any volunteers to come and help me move this 3 seater couch? (Had to be brought by at least two people…)

    Suggestions: pay citizens who report others dumping half of the fine. This would be put to an end next week.

  10. Rockfish #1and#2 says:

    Just a little humor,

  11. Rockfish #1and#2 says:

    continued.(sorry)

    Weeks seems to be attending too many State dinners and buffets.

  12. Walker says:

    You shpuld try walking around Bermuda and seeing the trash dumped its terrible so a law is needed. KBB will be very pleased with this

  13. KitCat says:

    The problem with laws is… you have to enforce them. Not sure that’ll ever happen.

    But even so- please, people! It’s basic ideas of cleaning up after yourself- you’re supposed to learn that by the time you’re grown up! If you can’t manage to not leave the place a mess, you deserve to get hit with a hefty fine. Let’s start with tiers of maybe $50 for a bottle, $75 for a plastic bag and work our way up into the thousands of dollars for kitchen appliances and vehicles- and see how suddenly people will start being able to find a trash can.

    Honestly, this island is full of some extremely childish ‘adults’.

  14. Shaking the Head says:

    Whoa, let’s put this into perspective. Ignoring the fact that the law won’t be enforced (like so many others) $5,000 for littering and $25,000 for a repeat?.
    The other week, Good Governance laws were passed to “stop the stealing from the public/taxpayer”. The maximum penalty for that is $10,000.
    So, drop some litter, $5,000 fine. Steal $10,000,000 from the public, $10,000 fine.
    So if I steal $10,000,000 I need to make sure I don’t drop the bag with the money, or else my fine will go up to $15,000.
    Where do these people live??

  15. DarkSideofTheMoon says:

    I saw a condom on the ground today….they need a fine for that nastiness

  16. mangrove tree says:

    If there has an increase in illegal dumping it is as adirect result of the Government implementing charges for dumping at the Airport, at the Incinerator, and Marsh Folly.
    The Airport saw an immediate drop in loads delivered the week the new charge was implemented. where did the differance go ? in the trees.

    • LaVerne Furbert says:

      Mangrove, there is no charge by government for the pick up of bulky items from households, so your theory is off base.

      • mangrove tree says:

        Lady I work for a living , and get dirty , I dont live in lala land like you.

        Listen carefully- charging to dump= stupid= illegal dumping to avoid fees=

        PLP FAIL

    • More with less says:

      Their is no legitimate excuse for illegal dumping and littering period. If you can’t afford to take something to the dumb, then keep it on your own property!

  17. Triangle Drifter says:

    Oh Pulleeeeze! We have been had a littering law. When has it ever been enforced?

    Traveling the US I see signs warning of $1000 for littering in many states. Apparently they are serious too because most of the roadsides of these states are much cleaner than Bermuda.

    In addition, it is not uncommon to see either gangs of prisoners cleaning roadsides or gangs of people doing community service doing supervised roadside cleaning.

    Keeping in line with Bermuda costs, double US, the fine should be $2000 plus community service picking up roadside trash.

  18. Mad Dawg says:

    Weeks also talked about only letting truckers drop off waste at Tynes Bay if they have a proper permit. In other words, they’ve made it more difficult to drop off waste at Tynes Bay. They’re effectively encouraging fly- tipping.

  19. Argosy says:

    Another jest from the Jesters.

    Let’s hope enough of the people come to their senses before they FINALLY call the election and vote in a serious team to get down to dealing seriously with our now serious situation.

  20. Young Black Heart says:

    And I quote the honorable Minister Weeks:

    ““When I was a student I could never figure out why my teachers would repeat lessons over and over again. And as I got older, it dawned on me that the more I heard the message; the more it stuck with me.”

    Glad to hear one of our civil servants needs to hear something over and over again before it finally “sticks”…