Trowbridge Plumber fined after building waste was fly-tipped in Upavon

A Trowbridge plumber has been fined a total of £1,184 after his commercial waste from a property he worked on was illegally dumped in two separate locations on Widdington Lane, Upavon.

Mr Ben Rooney of Moyle Park, Hilperton, pleaded guilty at Swindon Magistrates Court on 23 November 2021 to an offence under the Environmental Protection Act 1990 and for transporting controlled waste without a waste carriers' licence. The £1,184 includes the fine, costs and victim surcharge.

Mr Rooney was a self-employed plumber working on a property in Corsham at the time of the offence. While working on the property, he stated that he was approached by two unknown males in a transit tipper looking for scrap metal. Mr Rooney stated that he gave them his commercial waste and scrap metal without checking if they were licenced and he failed to obtain waste transfer notes from the unknown persons for the waste.

He was unable to provide Wiltshire Council with any information that could have identified the people who took the waste away and allegedly dumped it. A further investigation into Mr Rooney showed that he transported waste without an appropriate waste carriers' licence.

Cllr Dr Mark McClelland, Cabinet Member for Cabinet Member for Transport and Waste, said: Business waste must be safely, legally, and responsibly disposed of, and anyone employing someone else to take their waste away is legally responsible for checking that they are fully licensed by the Environment Agency - and they must obtain and retain waste transfer notes if they are a business.

The Environmental Protection Act 1990 imposes a duty of care on tradespeople to ensure that any waste they produce does not harm the environment and is disposed of lawfully at a commercial waste tip. 

I hope this case sends a clear message to all business not to cut corners when it comes to correctly disposing of your commercial waste, or you could end up with a large fine and a criminal record.

To prevent waste being fly-tipped, businesses must:

• Check that the person they pass their waste to is an authorised carrier by visiting https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers, or by calling the Environment Agency on 03708 506506.
• Check that the person who is taking the waste has an upper tier waste carriers' licence.
• Note the make, model, colour, and registration number of any vehicle taking the waste away and also note a description of the person(s) removing the waste.
• Ask for a receipt detailing where the waste is going and the waste carriers' licence number. This is a legal obligation for businesses, but householders are also advised to request this information.
• If it involves scrap metal collection, check that the person who is taking the waste has an upper tier waste carriers' licence and a scrap metal collectors' licence issued by Wiltshire Council.
• The Waste Duty of Care Codes of Practice states that if a tradesperson carries out work on a property, they are responsible for the waste they produce, including its transport and disposal. They must comply with their own duty of care obligations in relation to that waste, and the cost of its disposal should be included in what they charge for the work.

Residents can report fly-tipping online by visiting www.wiltshire.gov.uk/mywiltshire-online-reporting or calling 0300 456 0100.