Date:
The owner of a car garage in Byfleet has been fined £1,500 and ordered to pay costs after pleading guilty to an environmental offence in a prosecution brought by Woking Borough Council.
CPS Automotive Ltd, which operates from Unit 4, Abbot Close, Byfleet; was charged with failing to comply with its duty of care under The Environmental Protection Act 1990 at Guildford Magistrates Court on Wednesday 5 October 2022.
CPS Automotive Ltd failed to provide when asked, the necessary documents to prove the legal disposal of waste from the business, which was reported to include among other things, tyres and engine oil.
A waste transfer note is a legally required document which must be completed for all transfers of non-hazardous waste to another party. It is a legal requirement to keep copies of all waste transfer notes for at least two years and is evidence of compliance with duty of care obligations.
It took the court minutes to consider the sentence. CPS Automotive Ltd was fined £1,500, ordered to pay a victim surcharge of £150, and Woking Borough Council’s prosecution costs of £914, bringing the total penalty to £2,564.
Welcoming the outcome of the prosecution, Woking Borough Council’s Portfolio Holder for Planning and Regulation, Cllr Liam Lyons, said: “If there are suspicions about how your waste is being disposed of, we will ask to see your waste transfer notes, which businesses are legally required to keep for a minimum of two years.
“Without a waste transfer note you cannot be sure that the waste you are legally responsible for is not being fly tipped, which carries a much stiffer penalty, including an unlimited fine or imprisonment, that you are liable for.
“Our environmental health officers can issue businesses with a £180 fixed penalty notice for not having the correct paperwork but if we’re concerned about what and how waste is being disposed of, we won’t hesitate to prosecute to protect the safety of our residents and the environment.”
Everyone has a legal obligation (duty of care) to take all reasonable measures to ensure their household or business waste is disposed of properly. You can be issued with a fixed penalty notice or prosecuted even if your waste is fly tipped by someone else. If it's your waste, it's your responsibility. Always use a registered waste carrier to collect your waste.
How to protect yourself:
- Suspect all waste carriers. Don't let them take your rubbish until they provide proof of registration. Note their vehicle's registration plate.
- Check that a waste carrier is registered on the Environment Agency's website.
- Refuse any unexpected offers to have your rubbish taken away.
- Ask how your rubbish will be disposed of - seek evidence of this.
- 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.
To report fly tipping or for more information about disposing of waste legally, please go to www.woking.gov.uk/flytipping.