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Fly-tipping leads to joint prosecution

Published Monday, 29th January 2018

Tipped Waste on side of road

A Hullbridge resident has been prosecuted following a joint council investigation into fly tipping in Hockley.

Southend-on-Sea Borough Council and Rochford District Council mounted a joint investigation after the waste was reported dumped in Church Road, Hockley on 30 January 2017.

This led to the prosecution of Mr G Simmons of 72 Lower Road, Hullbridge for failing under duty of care legislation to provide the required waste transfer notes. Mr Simmons failed to appear before Basildon Magistrates Court on 22 January 2018 so the  trial went ahead in his absence and he was found guilty.

Mr Simmons was found guilty and fined £5000. He was also ordered to pay a victim surcharge of £170 and ordered to pay £1727.50 costs.

Cllr Tony Cox, Executive Councillor for Waste at Southend-on-Sea Borough Council, says:  “A lot of evidence was found relating to two addresses in our borough, so officers started a joint fly-tipping investigation with colleagues at Rochford.

“Although we were unable to find enough evidence or witnesses to prosecute for the act of fly-tipping, we were able to prosecute under duty of care and failure to provide waste transfer notes.

“This is a great result and a clear reminder to residents that they have a legal ‘duty of care’ to ensure that their waste is only given to people who are registered waste carriers and they should ask for evidence that the company they are using have the correct documentation.”

Marcus Hotten, Assistant Director – Environmental Services at Rochford District Council, said: “I hope that this prosecution serves as a warning to anyone who may consider disposing of waste illegally in our district, that it is not tolerated.

“It demonstrates that we take the dumping of illegal waste extremely seriously, and our officers will carry out a thorough investigation wherever evidence is found.

“This case is yet another great example of partnership working and I would like to thank our colleagues at Southend-on-Sea Borough Council who helped us bring this case to a conclusion, and the hard work that our own staff have personally put into getting this outcome.”

Fly-tipping is a serious criminal offence for which you can be prosecuted. The courts have various powers available to them to tackle fly-tipping, including imprisonment and/or substantial fines of up to £50,000.