A £1,000 penalty issued to a tradesman has prompted Wiltshire Council to remind people of their legal waste responsibilities when disposing of waste.

The fixed penalty notice (FPN) was issued after a builder’s bag containing cardboard packaging was found fly-tipped on a grass verge on Whitehill Lane, near Brinkworth. When investigated by the council’s Environmental Enforcement Officers, they were able to trace the waste back to a resident in Swindon.

The resident was invited to attend an interview under caution but contacted officers to explain that a tradesman had recently carried out work at their property and had removed the associated packaging. They provided officers with the tradesman’s details to assist the investigation.

The tradesman was subsequently contacted and interviewed. He confirmed that the waste belonged to the customer and had been transported on the back of a trailer. He explained that the bag had blown off the trailer because it had not been securely tied down, and although he had attempted to locate it, he was unable to find it in the dark.

As he failed to transport the waste securely or ensure its lawful disposal, the tradesman was issued with a £1,000 FPN for fly-tipping. Because an FPN is not a court conviction, the individual cannot be named.

Cllr Martin Smith, Cabinet Member for Highways, said: “This case highlights that the duty of care applies to everyone – householders, tradespeople and businesses alike. Anyone transporting waste must ensure it is properly secured and disposed of lawfully.

“Even accidental loss of waste is unacceptable and has consequences. Fly-tipping damages our countryside, frustrates communities, and places clear-up costs and responsibilities on innocent landowners.

“Our officers will continue to investigate every fly-tip we can, and where the evidence allows, we will take robust enforcement action.”

All tradespeople and commercial businesses have a strict duty of care for any waste they produce. This includes:

• Storing, transporting and disposing of waste safely and legally.
• Using only registered waste carriers and checking the carrier’s licence on the Environment Agency register.
• Obtaining and keeping waste transfer notes for every load of waste passed to another person, which must be kept for two years.
• Not disposing of business waste at household recycling centres, which are for householders only; doing so is illegal and may result in an FPN of £1,000.
• Not using public litter bins for business or commercial waste, as this also counts as fly-tipping.

Even waste lost accidentally, such as through poorly secured loads, still places the responsibility on the business or individual transporting it.

To find out more about legally disposing waste and how Wiltshire Council tackles fly-tipping, visit: www.wiltshire.gov.uk/fly-tipping.