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Man must pay £858.52 after giving someone £40 to move waste without checking licensing details

20 December 2022

A man has paid a heavy price for employing an unknown person to remove waste for him without taking reasonable steps to ensure the person was an authorised waste carrier which is an offence under the Environmental Protection Act 1990.

At Swansea Magistrates’ Court, David Wayne John, 61, of Brookdale Street, Neath, has been ordered to pay a total of £858.52 after black bags and household waste were found on land at Derifach Lane, Glynneath earlier this year.

Mr John pleaded guilty to the Environmental Protection Act offence, for which he was fined £200. He also admitted breaching a suspended sentence for another, unrelated, offence for which he was fined £50. He was also ordered to pay a £34 Victim Impact Surcharge.

The defendant was also ordered to pay costs of £574.52.

The court heard that Neath Port Talbot Council waste enforcement officers first spoke to Mr John in May 2022 about a trailer he owned containing black bags and household waste.

He said he would arrange for the waste and bags to be removed. When waste and black bags were later found dumped at Derifach Lane, enforcement officers linked Mr John to the incident.

During an interview in August 2022, Mr John admitted paying someone £40 to remove the waste without checking the person was licensed to do so. He said he did not know the person and no longer had contact information.

Waste enforcement officers also carried out a Natural Resources Wales (NRW) waste permit check and found the land where the waste was deposited did not have a waste management licence.

Neath Port Talbot Council’s Cabinet Member for Streetscene, Cllr Scott Jones, said: “This case highlights the fact that it’s our duty of care where our household waste ends up – don’t get fooled by fly-tippers because if your waste is found fly-tipped, both you and the fly-tipper could face enforcement action.

“Fly-tipping blights the environment in our communities so please help us stop this happening. Anyone caught fly-tipping in Wales could face a range of enforcement actions including a £400 fixed penalty notice, having their vehicle seized, an unlimited fine in court or imprisonment.”

When using a waste carrier you should:
•    Ask them to provide you with their full name, address and phone number
•    Ask to see their Waste Carrier License (Check for registered waste carriers on the Natural Resources Wales website). If they are unable to produce it, they may not be legal.
•    Make sure that you receive a 'Transfer Note' (Official Receipt) from the carrier.
•    Take the vehicle registration number from the carrier
•    Ask for a headed receipt – a genuine company will supply one as a matter of course.
•    Ask where they take your waste - a genuine company will be able to show you transfer notes from the waste recycling centre they use.

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