Company prosecuted for failing waste duty of care
Published Friday, 25 January 2019
A building company has been prosecuted after fly-tipped building and construction waste was discovered in Churchfields Recreation Ground, Beckenham.
Joseph Brannigan of JTB Construction Limited pleaded guilty to two charges for failing in his duty of care for the safe management of waste under Section 34 of the Environmental Protection Act 1990. The company was ordered to pay total fines and costs of £1434.50.
“The duty of care legislation exists to protect human health and the environment. Individuals and businesses have responsibilities and even if you think a company is approved because they say they have a waste carrier’s licence, it pays to check each time that the person is authorised to remove the waste and you have a waste transfer note to prove it’s legitimate” said Councillor Kate Lymer, Executive Councillor for Public Protection and Enforcement.
Following discovery of the fly-tipped waste in July 2018 and subsequent investigation by a council enforcement officer, Mr Brannigan advised that he sometimes uses a waste operator that he thought held a waste carriers licence. As Mr Brannigan was going away on the day in question, he arranged for an employee to contact the waste operator. The person contacted was unavailable and his son’s friend collected the waste in his place. Around 15 to 20 black bags and some cardboard was taken for a £100 fee. As the investigation concluded that JTB Construction Limited did not have a waste carrier licence and could not show that legitimate waste carriers were used, prosecution commenced.
Residents and businesses have a duty of care to dispose of their waste responsibly or they could face a substantial fine or court action as part of the ‘Fly-tippers - we’re watching you’ campaign. Householders should be cautious about giving any waste, including their garden or building waste, to cold callers offering a seemingly cheap price to remove it. By law, waste carriers must pay to dispose waste at a waste transfer station but unauthorised waste carriers may evade these costs by dumping it. To search or check for licensed waste carriers, visit www.bromley.gov.uk/wastecarriers
Anyone witnessing an envirocrime, such as fly-tipping, taking place is advised to call the police straightaway and report the details to the council at www.bromley.gov.uk/envirocrime As a ‘thank you’, up to £500 from the Envirocrime Reward Scheme is available to anyone whose evidence is used to successfully prosecute offenders.
Notes to editors:
The case was heard at Bromley Magistrates’ Court on 16 January 2019. Joseph Brannigan, on behalf of his company JTB Construction Limited, pleaded guilty to two offences under Section 34 of the Environmental Protection Act 1990, and was ordered to pay fines of £930, costs of £458 plus £46.50 Court surcharge.
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