Richard Young of Perrycroft Road, Bristol was given a 16-week prison sentence, suspended for 12 months, during which he must complete 200 hours unpaid work, and was ordered to pay the council's investigation, legal and clean-up costs totalling £6,358.01.
He was prosecuted for six offences relating to five large-scale fly-tipping incidents at Abbots Pool car park, Abbots Leigh; Oxleaze Lane, Dundry; and a bridleway off Dial Lane, Felton.
In a case heard at North Somerset Magistrates Court on Thursday 12 November Mr Young pleaded guilty to five charges relating to waste duty of care offences under section 34(6) of the Environmental Protection Act 1990 and one charge of fly-tipping under Section 33(6) of the same act.
Between July and November last year council officers attended five incidents where waste had been fly-tipped and found evidence of where this waste had come from. On speaking to the individuals whose waste was fly-tipped it was identified that the vehicle used in each of these incidents had the business name C.Y Landscapes and Garden Maintenance printed on the side.
Further investigation showed that the defendant operated under this business name. Very soon after these collections were made the waste was found fly-tipped in North Somerset. Mr Young was also the registered keeper of the vehicle used to carry out a fly-tip on a bridleway off Dial Lane, Felton where around seven tonnes of waste was found blocking the bridleway.
Welcoming the outcome of the prosecution, Cllr Bridget Petty, the council's executive member for waste and recycling, said: “Fly-tipping is completely unacceptable and has a negative impact on our local environment and communities. North Somerset Council will investigate all incidents of fly-tipping and issue fixed penalty notices or prosecute individuals when sufficient evidence is found.
"Residents and businesses are advised to ensure that a private contractor disposing of their waste is a licensed waste carrier registered with the Environment Agency and provides them with a receipt for the collection giving the contractor's contact details. Also, making a note of the vehicle registration used to collect the waste ensures that they can be traced."
Any business or contractor who carries waste must ensure they register with the Environment Agency as a waste carrier and keep records for a minimum of two years for all waste they produce, transfer and/or dispose of. A reputable company shouldn’t have any issue with you requesting this information.
Follow these simple steps to make sure your waste is disposed legally:
- S - Suspect all waste carriers. Don't let them take your waste until they have proven themselves to be legitimate. A professional waste carrier should happily answer reasonable questions.
- C - Check that a waste carrier is registered on the Environment Agency's website.
- R - Refuse any unexpected offers to have your rubbish taken away.
- A - Ask what will happen to your rubbish and seek evidence that it is going to be disposed of appropriately.
- P - Paperwork must be obtained - a proper invoice, waste transfer note or receipt, including a description of the waste being removed and the waste carrier’s contact details.
Household waste can be disposed of at any of the council recycling centres.
Residents who find fly-tipped waste are encouraged to report it online to the council as soon as possible at www.n-somerset.gov.uk/fly-tipping.