Local company prosecuted for fly-tipping and unlicensed waste removal

15 November 2017

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Woking Borough Council has successfully prosecuted Expect a Miracle, a household and rubbish clearance company from Byfleet, for two offences under Sections 33 and 34 of the Environmental Protection Act 1990.

On 13 November 2017, the defendant pleaded guilty to both offences at Guildford Magistrates Court.

  • Offence one (under Section 33 of the Act): Expect a Miracle knowingly fly-tipped controlled waste on highway land outside residential properties in Byfleet.
  • Offence two (under Section 34 of the Act): Expect a Miracle failed to uphold its duty of care as a controlled waste carrier by failing to transfer the waste to an authorised person and to provide a written transfer note.

The defendant was ordered to pay a total of 785 comprising a fine of 500, the Councils costs of 250 for bringing the prosecution to court, and a victim surcharge of 35.

Speaking about the Councils latest successful prosecution, Cllr Beryl Hunwicks, Portfolio Holder for Waste and Recycling, said: "These offences emphasise the importance of ensuring correct and legal waste disposal by both businesses and residents.

"In this case, Expect a Miracle received payment from a householder for the legal disposal of controlled waste which was fly-tipped in a residential area. In addition, the Councils investigations via the Environment Agencys public register of licences revealed no record of the defendant holding a valid waste carriers licence.

"The regulations on the carriage of waste mean that anyone transporting waste as part of their business whether it is their waste or someone elses must hold a valid waste carriers licence. This includes tradesmen such as plumbers carrying old sinks, gardeners carrying shrubs and trees and builders carrying rubble.

"Businesses that trade without a lawful licence can be fined up to 5,000. Fly-tipping is a serious offence and it will not be tolerated in any circumstance."

Residents can check if a waste carrier has a valid licence for carrying and disposing of controlled waste by:

  • asking for a copy of the companys waste carrier registration certificate and asking where the waste is being taken for disposal
  • checking whether the waste carrier is registered by the Environment Agency phone 08708 506506 or check online at https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers
  • asking for a registered trading address and contact telephone number for the trader and obtaining a receipt.

Businesses wishing to register or renew as a waste carrier, broker or dealer, should do so by visiting www.gov.uk/waste-carrier-or-broker-registration