A COUNCIL may be breaking the law by failing to properly clean up back streets claim a environmental campaigner and a Liberal Democrat councillor.

Robin Field and Cllr Roy Davies have accused Blackburn with Darwen Council of failing to quickly and properly cleanse the rear alleys behind terraced homes after removing bulky fly-tipped items.

They believe it could be breaking Section 89 of the Environmental Protection Act 1990 which sets time limits for clean-up action.

This requires councils to clear ‘relevant land’ in dense housing areas, such as terraced streets with alleyways, within days or risk a legal action by residents or clean-up campaigners seeking a Litter Abatement Order.

The maximum fine for ignoring an order is £2,500 plus £125 per day until the mess is left uncleared.

Cllr Jim Smith, environment boss for Blackburn with Darwen Council, said he was confident that the borough was complying with the law, especially now juvenile offenders on ‘community payback’ had been added to their normal clean-up staff.

Mr Field, Green Party candidate in Wensley Fold ward in tomorrow’s local elections, said: “The council is failing its statutory duty to clear rubbish from our streets and spaces, even when there is a potential health risk.

“There are legal time limits set by government for clean-ups which it is failing to match.

“I first reported litter and fly-tipping in Garden Street on March 8, then again on April 16. It took a fortnight to remove a mattress, but the rest is still there.

“On April 16 I reported a back alley just off Johnston Street, right by fast food outlets.

“All that has happened is that there is more accumulated rubbish than ever.

“I am afraid if the council continues to flout the law, it will have to be prosecuted.”

Sudell’s Cllr Davies said officials had told him, ‘We are only removing fly tipping from back streets, not cleansing.’

He said: “Rubbish in back alleys can easily blow on to the streets.

“I think the council could well be breaking the Environmental Protection Act.”

Cllr Smith said: “We do everything we can and I am confident our work complies with the law."

“We now have young offenders on ‘community payback’ orders working with our staff to clean up affected areas including back alleys.”

Tony Watson, the borough’s head of environment, said: “The council works tirelessly to crack-down on fly-tipping.

“Unfortunately they were recently damaged by vandalism and are now being repaired.

“This hampers our efforts to keep our streets clean and tidy.

“When we receive reports of fly-tipping they are logged and actioned.

“We will action the further reports that have been brought to our attention.”