Legal News

The Environment Agency has prosecuted a builder from Stratford-Upon Avon in Warwickshire for failing to dispose of construction waste correctly.

Joseph Charles Stevens of Birmingham Road, Pathlow in Stratford-upon-Avon pleaded guilty to breaching his duty of care, carrying waste without a Waste Carrier’s licence and failing to produce waste transfer notes.

Banbury Magistrates’ Court imposed a fine and costs totalling £1,739.08 –
comprising a fine of £865, costs of £807.08 and a £67 victim’s surcharge.

In July 2015, Environmental Enforcement Officers from West Oxfordshire District Council investigated two fly tips in the Woodstock and Combe areas.

Evidence found linked the fly tips to Mr Stevens.

When interviewed, he claimed that he had paid an unknown person to remove the waste from the site – and the man had then fly-tipped the rubbish without his knowledge.

Mr Stevens admitted that he did not check if the person was a registered waste carrier. He also took asbestos sheeting back to his home address without being the holder of a Waste Carrier’s licence – and failed to produce waste transfer notes when requested to do so by Council Officers.

After sentencing, Cabinet Member for Environment, Councillor David Harvey, said:

“This case emphasises that everyone has a duty of care to dispose of their waste properly, otherwise they face prosecution.

“It is a reminder that only waste carriers registered by the Environment Agency can remove waste legally.

“We advise everyone to check that whoever removes their waste for them, has a Waste Carrier licence – they should also obtain a receipt from their Waste Carrier.

“Anyone found to be removing waste illegally will be fined.”

Waste Carrier Licences are issued by the Environment Agency – it is an offence to carry commercial waste without being the holder of a licence.

Builders must also retain waste transfer notes for a period of two years to provide evidence that their waste has been dealt with correctly.

The onus is always on the waste producer to ensure that waste is dealt with correctly and is removed by licensed waste carriers.
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.