Following fly-tipping incidents in Alderwasley and Langley Mill, a Nottingham man has been left with a bill of almost £1,300.
Daniel Downs of Coppice Road, Arnold, Nottingham, appeared before South Derbyshire Magistrates on 8 November charged with two offences of failing in his Duty of Care under Section 34 of the Environmental Protection Act regarding the illegal deposit of waste at both Higg Lane, Alderwasley, and Anchor Road, Langley Mill. He had taken payments from two separate residents to remove their waste. He did not have a waste carrier’s licence and the waste collected was then later found fly-tipped.
He entered a not guilty plea to fly-tipping under the Environmental Protection Act, Section 33, stating that the Council did not have evidence of him committing the offences. He did however, enter a guilty plea to failing in his duty of care. He gave no reasons in mitigation for the offence and said only that he does not now run the business DK Gardening Services.
He was given a one third discount for his guilty plea and was fined £196.00 for one offence on 24 February and £196.00 for one on 27 February. He was ordered to pay a victim surcharge of £30.00 and costs (including the clear-up costs) of £868.00 - a total of £1,290.00 which must be paid within 28 days.
Commented Amber Valley Borough Council’s Portfolio Holder for Environment, Cllr Chris Short: “In cases like this, where we cannot prove fly-tipping, we can still prosecute for breach of Duty of Care if someone collects waste from someone else and that waste is not disposed of correctly. Householders are reminded not to use ‘white van man’ - collectors of waste who do not hold a waste carrier’s licence, or they themselves could also be liable for Duty of Care prosecution. Always make sure you get a waste transfer note and a receipt for payment.”
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