Resident fined £500 for failing to comply with their duty of care
Cotswold District Council has successfully prosecuted an individual for breaching their duty of care after a fly-tip was found near Andoversford. The fly-tip consisted of supermarket carrier bags containing dried foods, tins of food, waste food items, children’s toys and some photographs and a quantity of cardboard.
On Wednesday 31 July 2024, in the Cheltenham Magistrates’ Court, Ms Terri Winter of Bourton-on-the-Water was found guilty of a breach of duty of care to transfer household waste only to an authorised person under Section 34(2A) of the Environmental Protection Act 1990.
The magistrates fined Ms Winter £200 and ordered her to pay an additional £220 contribution to Council costs and a victim surcharge of £80, taking the total Ms Winter has to pay to £500.
This prosecution was made possible thanks to detailed investigations performed by the Cotswold District Council’s Environmental Regulatory Services (ERS) and the Legal Services.
Cotswold District Council is committed to S.C.R.A.P fly-tipping and keep the district clean and safe for everyone.
Anyone looking to have waste removed should:
- S - Suspect ALL waste carriers
- C - Check with the Environment Agency that the provider taking your waste away is licensed
- R - Refuse unexpected offers to have waste taken away
- A - Ask what will happen to your waste
- P - Paperwork should be obtained – get a full receipt
Cllr Juliet Layton, Cabinet Member for Regulatory Services, said: “We’re pleased that this has been a successful prosecution for the Council. Our environmental teams work hard to keep the district clean, tidy and safe but some people don’t play their part. What we are seeing time and time again is illegitimate waste removal services offering cheap prices. These traders are often unlicensed and cut corners to dispose of waste illegally.
“Fly-tipping can blight our countryside and communities. Fly-tipping is a criminal act, and we will do everything we can to prosecute offenders in all cases. If you witness an incident of fly-tipping, please report it as soon as you can to give us the best chance of catching the perpetrators.”
Everyone has a duty of care to ensure household or business waste is disposed of legally and not fly-tipped.
Although most tradespeople and companies can be trusted to dispose of waste responsibly, it is crucial to be aware of the risks and to always use a registered waste carrier to collect your rubbish. You can find a registered waste carrier in your area on the Environment Agency's website.
Kevin Lea, Enviro-Crime Programmes Officer at Cotswold District Council, said: “Responsible, safe and legal disposal of waste is the responsibility of the household occupier, regardless of who is physically disposing of the waste. All reasonable measures must be taken to ensure that waste is transferred and taken away by an authorised person. If your waste is fly-tipped, by you or by someone else on your behalf, you could face a £600 fixed penalty notice.
“Clearing fly-tips costs the taxpayers thousands of pounds each year and anyone found will always be prosecuted - this case is a clear example of what will happen when the Council traces the waste back.”
If you hand your waste over to someone who is not licensed to dispose of waste and who then dumps it illegally, you could be liable to prosecution.
Always check if the person you are paying to remove your waste has an appropriate licence and can provide you with waste transfer notes. It is also useful to record the vehicle details, including the registration number, and note a description of the people involved.
If you witness an incident of fly-tipping, please report it as soon as you can. You can report fly-tipping online by visiting the Cotswold District Council website: cotswold.gov.uk/environment/report-fly-tipping/