Prosecuted for fly-tipped and hazardous waste
Published Tuesday, 26 November 2019
A builder has been prosecuted for fly-tipped and hazardous waste found dumped in Nash Lane, Keston.
Robertas Salminas of Minstry Way S.E.9. admitted that he’d been working on a property refurbishment in Bromley and that he’d paid for the controlled and hazardous waste to be disposed of. He arranged for the waste to be taken by an individual he’d used previously but without checking his credentials. The waste was dumped to avoid paying disposal costs but it was traced back to the builder who had failed in his duty of care.
At Bromley Magistrates’ Court Mr Salminas pleaded guilty to the safe management of waste, failing in his duty of care under section 34 of the Environmental Protection Act 1990 and was ordered to pay fines and costs of £2,600 within 28 days.
“The duty of care legislation exists to protect human health and the environment. People – whether individuals or businesses - must always check that their waste is going to a legitimate Environment Agency approved waste carrier, and they should get a waste transfer note as proof that it’s legal. The Council is cracking down on fly-tipping in the borough as highlighted by our ‘Fly-tippers - we’re watching you’ campaign. If the waste is dumped, they could face a substantial fine or court action” said a council Spokesperson.
In July 2019, a council enforcement officer was driving along Nash Lane when he spotted fly-tipping on the bridleway. Two fly-tips were discovered containing items like wood, cardboard boxes, empty paint pots, plastic bags and bricks along with two black plastic rubble bags containing broken corrugated asbestos.
Investigations revealed that the builder had been working at a property in Liddon Road Bromley, and someone he had used before to dispose of waste, was paid £250 by bank transfer for the waste to be removed. Although he had telephone numbers and bank details for those used to remove the waste, the names provided are known as illegal waste operators, who did not respond to any contact.
However, following Mr Salminas admission that he didn’t ask to see a waste carrier’s licence nor did he obtain a written description of the removed waste which was then subsequently fly-tipped, prosecution followed.
By law, waste carriers must pay to dispose of 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
All legitimate waste carriers carry an Environment Agency certificate of registration which traders and residents should ask to see before handing over their waste. A waste transfer note - a written description of the waste - must be provided which should be kept as proof of the transfer.
The council’s campaign, ‘Fly-tippers - we’re watching you’ aims to tackle all forms of fly-tipping – from a small bag of rubbish left on the street to a lorry load of construction waste dumped in a green space. The council uses a range of methods to find and deter fly-tippers including prosecution, Fixed Penalty Notices (FPNs), CCTV surveillance, vehicle ‘stop and search’ operations and seizing vehicles from those known to be involved in fly-tipping and from those unable to prove they are legitimate waste carriers.
Anyone witnessing fly-tipping or another envirocrime taking place is advised to call the police straightaway and report the details to the council at www.bromley.gov.uk/envirocrime including useful information such as a description of the offender, a vehicle registration or photo. As a ‘thank you’, up to £500 from the Envirocrime Reward Scheme is available to anyone whose evidence is used to successfully prosecute offenders.
Residents can report fly-tipping and dumped rubbish for removal only easily and quickly online at www.bromley.gov.uk/report . Dumped rubbish is cleared from the public highway by council contractors usually within five working days of being reported, depending on the quantity involved and location. In some instances, arrangements may need to be made for a special vehicle to remove large-scale fly-tips.
Residents and traders can find waste disposal options including asbestos removal, at www.bromley.gov.uk/wastenews or by calling 0300 303 8658.
Notes to editors:
- The case was heard at Bromley Magistrates’ Court on 20 November 2019. Robertas Salminas pleaded guilty to the offence under Section 34 of the Environmental Protection Act 1990 and was ordered to pay a fine of £2000, costs of £450 plus £150 surcharge as payment in full within 28 days.
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