Fly-tipping offence prosecution

Published Wednesday 18 October, 2023
Last updated on Thursday 25 April, 2024

A woman found to be involved in a fly-tipping offence has been convicted and ordered to pay nearly £5,000 thanks to Swale Borough Council.

She of Milton, Sittingbourne, organised the removal of waste that was later found fly-tipped in several country lanes around Faversham.

Despite not being a licensed waste carrier she advertised and brokered waste removal services on the Nextdoor app.

A local resident messaged her on the app, and she arranged for two unknown men to attend the resident’s property and clear their garden of waste.

This waste was later found fly-tipped in Newnham Lane, Eastling and Bottom Pond Road, Milstead.

As the broker in this transaction, she failed in her requirements under section 34 of the Environmental Protection Act (EPA) to make sure the waste is transferred to an authorised person.

She did not cooperate with the council’s investigation and, after failing to attend, was convicted at Sevenoaks Magistrates' Court on 5 October 2023.

The court fined her £2,640, with a victim surcharge of £1,056 and costs of £1,230.88, with the total to be paid being £4,926.88.

Cllr Rich Lehmann, chair of the Environment Committee, said:

“It is incredibly sad to see individuals using our country lanes as a dumping ground.

“We take fly-tipping very seriously as this selfish act spoils our environment for everyone and pollutes local land and waterways.

“We have cameras in place in hotspot areas and work with the rural police force to stop and fine any vehicles found to be fly-tipping.

“This prosecution will hopefully act as a deterrent to potential fly-tippers. It is not worth the risk as we are actively investigating, prosecuting, and fining fly-tippers.

“If you witness fly-tipping or see any fly-tipped waste please let us know. We will investigate it and try to track down and prosecute those responsible, as we have done here.”

Householders or small businesses found to be using criminals to dispose of their waste can be prosecuted by local authorities with fixed penalty notices of up to £400 per offence.

To prevent this, householders should always check whether someone is licenced to carry waste by visiting the Environment Agency website or by calling 03708 506506.

It also helps if they receive a written receipt or transfer note, including contact details, description of waste removed and details of where the waste is being taken to.