Posted on: Friday 5 July 2019
Brian Walker from Trevethin has been found guilty by Newport Magistrates after an investigation into flytipping dumped outside garages in Pontnewenydd.
Mr Brian Walker, trading as AKA Gardening and Clearance, was found guilty (under section 34 of the Environmental Protection Act 1990) after a quantity of waste under his control was found by local officers from Bron Afon’s Community Environmental Team.
Mr Walker was fined £1000, with costs of £1893.25 being awarded to Torfaen County Borough Council, and court costs of £400 (and a victim surcharge of £100) also being awarded against him.
Under the Environmental Protection Act 1990, anyone who produces or handles waste must take all reasonable steps to ensure that this waste is managed properly. From the evidence provided by the council’s environmental health department and the homeowner (whose waste was found abandoned at Fairview Court), the Magistrates were satisfied that having advertised his services on Facebook Mr Walker did not satisfy his duty of care. This resulted in the waste being found outside a garage in a residential area close to a local nature reserve.
Councillor Fiona Cross, executive member for the environment said: “We’d like to remind anyone thinking about having any waste collected to be extra vigilant when replying to adverts. If the company are offering low cost garden or waste clearance services make sure you ask them for their waste carriers licence and details of where your waste will be going when they arrive.
“Luckily the people who hired AKA Gardening Clearance could prove that they had been mis sold a service. Otherwise they would have been at risk of receiving a £300 fixed penalty or be prosecuted and receive a fine of up to £5,000. You have a duty of care when it comes to managing your waste so make sure you protect yourself.”
To find out more about your waste duty of care visit dutyofcare.wales a Fly Tipping Action Wales campaign website.