Suffolk Coastal Council has prosecuted a local man, after ten sacks of fly-tipped household waste found on land, including items of post addressed to the man at his home.
Roger Adams of Fellbrigg Avenue in Rushmere St Andrew was prosecuted following a previous incident when he was contacted by the council over concerns about the accumulation of waste in his front garden – and on this occasion was offered advice about the correct disposal of the waste.
After the sacks of household waste were discovered containing correspondence sent to his home address, Mr Adams claimed during an interview at his home with council officers that he had allowed an unknown person to remove the ten sacks of unsorted, general household waste that had accumulated in his front garden.
He admitted to council officers that he had failed to ask what was going to happen to the waste – and also did not take any basic details of the identity of the person, as well as failing to check that the person was an authorised waste carrier.
On Monday 7 March at Ipswich Magistrates’ Court, Adams pleaded guilty to an offence of failing to fulfil his duty of care towards household waste, contrary to Section 34(2A) of the Environmental Protection Act 1990 in December 2014, from his address at the time.
He was fined £100 and was also ordered to pay a victim surcharge of £20 and contribute £75 towards the council’s costs.
After the hearing, Cabinet Member for the Green Environment, Councillor Carol Poulter said:
“By failing to carry out his basic Duty of Care checks, this individual’s carelessness led directly to his waste being dumped in our countryside.
“This case serves to show that we will have no hesitation in taking robust action against anyone found responsible for despoiling our beautiful district.
“I would therefore urge anyone who arranges for any waste to be taken away from their home by anyone other than the Council’s service partner Suffolk Coastal Norse – formerly Suffolk Coastal Services – to remember the Scrap Code, to avoid being held responsible should their waste end up fly-tipped.”
The Suffolk Waste Partnership has produced a video aimed at householders, emphasising the importance of the Duty of Care – and how to prevent their waste ending up fly-tipped by rogue waste carriers, thereby avoiding the risk of a fine of up to £5,000.
Duncan Lewis Criminal Solicitors
Duncan Lewis criminal solicitors can advise companies and individuals at any stage of a charge involving environmental offences, including charges relating to contamination of watercourses, air pollution, failing to manage hazardous materials or waste, fly tipping, or misuse of permitted land.
There are Duncan Lewis offices nationwide and in most major cities – and a member of the Duncan Lewis team can attend interview under caution or site inspections with prosecuting authorities such as the Environment Agency or local council.
For expert legal advice on environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.