Builder fined for fly tipping offences

A Darlington builder has been ordered to pay fines and costs totalling £1,674 for failing to prevent his commercial waste being fly tipped.

Charlie William Herbert Park, 28, of Westmoreland Street, who traded as DHM Roofing and Building, was found guilty in his absence at Peterlee Magistrates’ Court on Wednesday (18 December) of two offences under Section 34 of the Environmental Protection Act 1990.

He was fined £650 and ordered to pay costs of £587 and a victim Surcharge of £437.

The court heard that in early August this year, members of the Rural Watch community and Durham Constabulary reported a large fly tip blocking Ulnaby Lane to the council.

Officers from our enforcement team attended and found the waste included a large amount of construction materials. It was searched and evidence was found linking the waste to Park.

Two days later, another fly tip was reported to the council on an access road leading to Teesside International Airport. Civic enforcement officers attended and found a pile of construction materials, which again included evidence linking it to Park and his business, DHM Roofing and Building.

Park was interviewed under caution about the two fly tips. When questioned, he explained that he had been using a vehicle as storage for waste from the business and had paid for a person he only knew by first name to remove and dispose of the waste.

Despite being familiar with environmental protection laws, he failed to confirm the person he commissioned held a valid waste carrier’s licence and did not retain a waste transfer note documenting the waste removal.

Park was issued a Fixed Penalty Notice but did not pay and the case was referred to court.

Councillor Jim Garner, the council's cabinet member for stronger communities, said: “Businesses have a legal responsibility to ensure that any waste they produce or that they store, is dealt with safely and securely, and they must ensure it is disposed of properly.

“This case sends a clear message that we can and do take action against those who flout the law.

“Our staff work hard to keep our streets, back lanes and open spaces clean and fly tipping of any kind will not be tolerated.”

By law businesses are required to:

• Keep waste to a minimum by doing everything they reasonably can to prevent, reuse, recycle or recover waste (in that order).
• Sort and store waste safely and securely.
• Complete a waste transfer note (also referred to as a 'written description' or 'written information') for each load of waste that leaves their premises and keep it for a minimum of two years.
• Check if their waste carrier is registered to transport the waste. They must have an up to date and valid upper tier registration with the Environment Agency.
• Not allow the waste carrier to dispose of their waste illegally (and report them to the local council, Environment Agency, or Crimestoppers if they do).

If you need to report a fly tip, or you see anyone fly tipping, you can report it online via our website at www.darlington.gov.uk/doitonline