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Councils' Reminder To Use Registered Waste Collector After Man Fined For Dumped Rubbish

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Date: 17th August 2011

Residents are being reminded ensure that they use registered waste disposal companies to remove household rubbish after a Nottingham man was fined after his waste was dumped in Underwood and Calverton by two men.
Fined £100, with a £15 victim surcharge, and also ordered to pay both Council’s their prosecution costs in full: £402 for Ashfield and £340 for Gedling – this brought the final amount payable to £857.

Colin Bennett, aged 49, of Holby Close, Nottingham, pleaded guilty to breaching the Householder Duty of Care and was sentenced at Nottingham Magistrates’ Court yesterday (25 July).

The prosecution was led by Gedling Borough Council, in partnership with Ashfield District Council, after both received complaints of fly tipping within their districts which contained evidence it had come from Bennett’s address.

On 27 January Ashfield District Council received a complaint of fly tip on Felley Lane (South), in Underwood, and then on 28 January Gedling Borough Council received a complaint of fly tip on Hollinwood Lane, Calverton.

Council officers investigating the fly tips found a large amount of waste including cardboard boxes, bits of old carpet, garden waste, wooden furniture, a plastic bucket, an old suitcase, a golf bag and bags of general household waste had been dumped at the two sites.

Both councils then wrote to him and he was interviewed under caution by officers of each council in relation to the waste found in their area. At interview he admitted that the waste was his and that it had come from his property. He told each council that the other was investigating a similar incident. He then went on to say that he had paid two men between £60 and £80 to take the waste away they assured him they were taking it to the tip. The waste was taken in two van loads on two consecutive days and found dumped in Underwood and Calverton.

Whilst there were two fly-tips there was only actually one offence – the householder duty of care to ensure that any transfer of waste produced on his property is to an authorised person for those purposes.

The councils were not able to identify the two men responsible for the actual fly tip.
Cllr Michael Payne and Portfolio Holder for Public Protection and Communications and Deputy Leader commented: “This is a stark reminder that you must ensure you use a registered waste disposal company to remove your household rubbish. Mr Bennett paid two men to dispose of his rubbish, which was subsequently fly-tipped. It is illegal to pay someone without a waste carrier licence to remove your waste, so always ask to see a licence before allowing them to take away your rubbish.”

Whilst Ed de Coverly, Head of Neighbourhood Services, Ashfield District Council added: "To avoid the risk of prosecution, it is very important that people are satisfied that anyone who takes their waste away is a legal and licensed operator. Fly-tipping causes a serious blight to people's lives and investigating and clearing illegal dumping costs the Council a significant amount of money. We will prosecute anyone who fly-tips directly and will have no option but to take action against any resident who does not ensure their waste is disposed of properly and legally."

Both Gedling Borough Council and Ashfield District Council offer bulky waste collection schemes. For details call Gedling Borough Council on 0115 901 3621 or visit www.gedling.gov.uk or Ashfield District Council on 01623 457857 or visit www.ashfield-dc.gov.uk


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