A Neath man made a very costly mistake by failing to ensure his household waste was disposed of legally.
David Wayne John, 61, of Brookdale Street, Neath, admitted an offence under section 34 of the Environmental Protection Act 1990 when he appeared at Cardiff Magistrates' Court earlier this week.
It is an offence under section 34(2A) for the occupier of any property in England and Wales to fail to take all such measures as are reasonable to ensure that household waste produced on the property is disposed of by a registered waste carrier.
The maximum penalty on summary conviction for an offence under section 34 is an unlimited fine.
We have previously written a case study on this particular piece of legislation.
Magistrates heard that Neath Port Talbot Council waste enforcement officers visited John in May 2022, in relation to a trailer he owned that was full of black bags and household waste. John told the officers that he would arrange for the disposal of the waste.
Waste was later found dumped in woodland at Derifach Lane, Glynneath. This was traced back to John, who admitted paying £40 to someone to remove the waste without checking they were correctly registered to do so. When questioned, John said he did not know the person he paid to remove the waste and no longer had their contact details.
The offence also put John in breach of a suspended sentence order, which was imposed for an dissimilar matter.
John was fined £200 for the waste offence and £50 for breach of the suspended sentence order.
He was also ordered to pay £574.52 towards the Council's prosecution costs and £34 surcharge.
Councillor Scott Jones of Neath Port Talbot Council, said: "This case highlights the fact that it's our duty of care where our household waste ends up – don't get fooled by fly-tippers because if your waste is found fly-tipped, both you and the fly-tipper could face enforcement action.
"Fly-tipping blights the environment in our communities so please help us stop this happening. Anyone caught fly-tipping in Wales could face a range of enforcement actions including a £400 fixed penalty notice, having their vehicle seized, an unlimited fine in court or imprisonment."
A lot of waste is generated over the festive period, so this is a timely reminder that the obligation is on the householder to ensure their waste is disposed of correctly.
The Council recommends the following enquiries are made with anyone being considering to remove waste:
- Ask them to provide you with their full name, address and phone number .
- Ask to see their Waste Carrier License (Check for registered waste carriers on the DEFRA or Natural Resources Wales website). If they are unable to produce it, they may not be legal.
- Make sure that you receive a 'Transfer Note' (Official Receipt) from the carrier.
- Take the vehicle registration number from the carrier.
- Ask for a headed receipt – a genuine company will supply one as a matter of course.
- Ask where they take your waste - a genuine company will be able to show you transfer notes from the waste recycling centre they use.
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