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Saturday, 11 May 2019

A Cautionary Tale About Household Waste Disposal


A Salford woman has been fined after failing to ensure that her household rubbish was disposed of appropriately.

Hannah Lomas, 29, of Bedford Grove, Cadishead pleaded guilty to one charge of failing in her duty of care to ensure that the household waste produced on her property was transferred to an authorised person for disposal. This is an offence contrary to section 24 of the Environmental Protection Act 1990, which has a maximum penalty of an unlimited fine. The offence can be dealt with by either the Magistrates' or Crown Court.

Manchester and Salford Magistrates' Court heard that Lomas, who works as a sales advisor, had bought new wardrobes and left the packaging and old wardrobes in her front garden until she had a chance to dispose of them.

A man in the street, who she had seen in the neighbourhood on a few occasions, offered to remove the waste for £50 in cash. Lomas accepted in the mistaken belief the man was correctly authorised for the job.

The rubbish was found dumped in a remote, countryside location near peat works in Cutnook Lane in Irlam. Council investigators found documentation leading back to Lomas' property.


Lomas admitted she had not asked the man if he was a registered waste carrier, had not asked for a receipt for her cash and had not asked his name or phone number or made a note of his registration number. As a result, council staff were unable to trace the man responsible for dumping the rubbish.

She said she had driven around looking for the man and had searched the internet for him but had not found him. She said she felt sorry and stupid because she had not asked relevant questions and had simply assumed the man would take the items to the local recycling centre or tip.

Magistrates fined Lomas £196 and ordered her to pay £360 towards prosecution costs and a £30 victim surcharge.

Councillor David Lancaster, Salford City Council's lead member for environment and community safety, said: "If you are employing someone to remove rubbish for you, you must check they are a registered waste carrier and be certain that they will dispose of it properly. You have a legal duty of care and if you fail to do that and they let you down, the consequences come back on you, as Miss Lomas has found out.

"There is no excuse whatsoever for flytipping and Salford City Council will not hesitate to prosecute where we have evidence."

This case reinforces the important message that the occupier of any property is legally responsible for ensuring the correct disposal of waste produced there.

Local authorities are often ruthless in their pursuit of what some would consider "innocent" and "hard pressed" householders trying to save a few quid and totally oblivious to the rules.

To coin a phrase, harsh as it might seem in cases similar to this, ignorance of the law is not an excuse for non-compliance.

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