RUBBISH which sticks out of wheelie bins is being left by Burnley's binmen - leaving residents facing the threat of hefty fines for fly-tipping.

The workers are leaving the "excess" bags on the ground, while emptying the rest of the bin.

But residents who have complained that their rubbish has not been collected have been told by Burnley Council that if their bags are found dumped on the street three times they will be fined.

Keep Britain Tidy today condemned the practice.

The council has pledged to review the problem with contractors Biffa.

The problem started when the council switched to fortnightly rubbish collections, with recyclable materials collected inbetween, in a bid to boost recycling rates.

But residents across Burnley have called for weekly collections of household waste to be brought back, with thousands signing a petition.

Residents in Cotton Street, Padiham, highlighted the latest problem saying there are now 30 black bags in the alleyway at the back of their homes because they have not been collected. They have complained about the stench and fear it attracts rats.

One resident, who asked not to be named, said: "They will take the black bags out of the bin, leave them outside your home and report it. If you are reported three times the council will prosecute you for flytipping and/or littering. It's absolutely disgusting."

Neighbour Kathryn Morriss, 52, said binmen has simply knocked out bags sticking out of her open bin and left them.

She added that she had split down her rubbish to recycle but with a household of four her bin was quickly full.

The care assistant said: "Everyone has been complaining. It can't go on like this. It's ridiculous with all the council tax we pay."

Neighbour Nicola Cheetham said: "The back street is absolutely disgusting because the binmen won't take black bags."

Keep Britain Tidy spokesman Laura Butcher said: "We can't agree with the council putting bags of rubbish on the streets. That is actually littering by that person and it's an offence.

"It seems the council is putting out mixed messages. How can they expect people not to put rubbish on the streets when that is what they are doing?

"If they are bothering to take the bags out of the bin why don't they put them in the

wagon? The council does have a duty to take away rubbish free of charge because that is what people pay council tax for."

A Burnley Council spokesman said: "We realise that some people are still having difficulty fitting everything in their bin and the issue of overfilling is currently being discussed with Biffa.

"We need to strike a balance between taking away as much as we can and protecting the health and safety of our staff from broken glass and other hazardous products that might be in loose bags perched on the top of a bin.

"Staff where possible are compressing the rubbish in the bins to enable the lids to close so that the bin can be emptied safely. If staff are unable to close the bin the household will be informed that they are overfilling through a sticker left on the lid.

"The exact criteria for what is classed as an overfilled bin and how to tackle this problem is currently being reviewed."