Man fined £1,300 after two fly-tipping incidents in Amber Valley

A fly-tipper has been fined almost £1,300 by magisrates after two incidents in Amber Valley.

Wednesday, 14th November 2018, 2:00 pm
Updated Wednesday, 14th November 2018, 2:04 pm

Daniel Downs of Coppice Road, Arnold, Nottingham, has appeared before South Derbyshire magistrates charged with two offences of failing in his duty of care under Section 34 of the Environmental Protection Act.

It follows the illegal deposit of waste at both Higg Lane, Alderwasley, and Anchor Road, Langley Mill.

Mr Downs had taken payments from two separate residents to remove their waste.

However, he did not have a waste carrier’s licence and the waste collected was then later found fly-tipped.

Mr Downs entered a not guilty plea to fly-tipping – stating Amber Valley Borough Council did not have evidence of him committing the offences.

But he entered a guilty plea to failing in his duty of care. He gave no reasons in mitigation but said only that he does not now run the business, DK Gardening Services.

Amber Valley Borough Council’s portfolio holder for environment, Councillor Chris Short, said: “In cases like this, where we cannot prove fly-tipping, we can still prosecute for breach of duty of care if someone collects waste from someone else and that waste is not disposed of correctly. Householders are reminded not to use ‘white van man’ - collectors of waste who do not hold a waste carrier’s licence.

“Always make sure you get a waste transfer note and a receipt for payment.”