Man charged under ‘duty of care’

Posted on: 24 August 2016

Earlier this year we received a report that a male was advertising a chargeable ‘waste collection’ service via Facebook. This was being offered for the whole of the Devon area and included anything that people wanted to throw out that would not normally be collected as ‘black sack’ residual waste through their own waste collection service.

Once the waste was collected, the male put it out as part of his fortnightly domestic waste collection from his home address in Mid Devon. This is when our Enforcement Officers became suspicious of the person’s activities.

Enforcement Officers made an unannounced visit to the resident’s home address on a scheduled black sack collection day to inspect his rubbish and, discovering various items of interest, subsequently invited him in for a formal interview under the Police and Criminal Evidence Act 1984 legislation.

During the interview he admitted ‘duty of care’ waste offences committed under the Environmental Protection Act 1990 and was fined £300 and told to cease ‘trading’ as a waste carrier as no appropriate licence had been obtained.

The generator of the waste (householder) has a duty to know where the waste is being disposed of and that the company they use is registered to transport and dispose of the waste by the Environment Agency. Please ask any company or sole trader offering the service to provide copies of their licences before hiring and paying them to take away your waste.

Cllr Davey said “These rogue traders are defrauding the householder and the local tax payer. It is important that all are vigilant and know the legal consequences of unlawful waste disposal”.

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