Construction firm and car dealership hit with £300 bills over flytipped waste, one in A66 layby
Two businesses have been issued with Fixed Penalty Notices of £300 each following separate incidents in which they paid to have waste taken away that was later fly tipped.
The first related to a large fly tip of building waste that was found in Ulnaby Lane, Darlington on 4 August this year. Civic enforcement officers found evidence linking it to a local construction company.
Two days later, another large fly tip of building waste was found in Middleton St George and evidence again linked it to the same company.
The owner of the business was interviewed under caution and admitted he had paid a waste carrier to remove the waste without taking reasonable precautions, such as checking they were registered. He was asked to produce waste transfer notes for the waste, as required by law, but when he was unable to do so, a Fixed Penalty Notice for £300 was issued.
The second incident involved a large pile of bags and boxes found in a layby on the A66 at Darlington on 21 August this year. Evidence was found linking it to a car dealership and the owner was interviewed under caution.
He said waste had been building up at his premises and when a waste carrier offered its services, he paid them to remove it, but made no attempt to confirm it was registered. He was also unable to produce a waste transfer note and a Fixed Penalty Notice for £300 was issued.
Once paid, any money from Fixed Penalty Notices will be used to help fund environmental services and enforcement. If they are not paid, the business owners will face a criminal prosecution through the courts and would face an unlimited fine.
Councillor Amanda Riley, Darlington Borough Council’s cabinet member for stronger communities, said: “Our staff work hard to keep Darlington’s streets and open spaces clean for all to enjoy and we will take action against those who flout the law. Businesses have a legal responsibility to ensure any waste they produce or hold does not harm the environment. It’s not enough to simply say they paid someone to dispose of it, they must follow the rules laid down by law or face a fine or prosecution.”
By law, a business must:
Keep waste to a minimum by doing everything they reasonably can to prevent, reuse, recycle or recover waste (in that order).
Sort and store waste safely and securely.
Complete a waste transfer note (also referred to as a 'written description' or 'written information') for each load of waste that leaves their premises and keep it for a minimum of two years.
Check if their waste carrier is registered to transport the waste. They must have an up to date and valid upper tier registration with the Environment Agency.
Not allow the waste carrier to dispose of your waste illegally (and report them to the Environment Agency, us or Crimestoppers if they do).
The Environment Agency issues waste carrier licences. You can check if a company has a licence using the online register at https://bit.ly/CheckENV. Information on the correct means of disposing of all types of waste can be found on the council’s website www.darlington.gov.uk.
Most household items can be disposed of for free at the tip – for more details visit www.darlington.gov.uk/tip. If you can’t get to the tip you can book a Bulky Waste Collection – for more details visit www.darlington.gov.uk/bulkywaste. You can report a fly-tip, or anyone you see fly-tipping, online at www.darlington.gov.uk/reportit.
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