A bathroom fitter has been successfully prosecuted at Guildford Magistrates’ Court on Wednesday 12 December 2018 under Section 34 of the Environmental Protection Act 1990 for failing in his duty of care to dispose of his waste.
On 15 and 16 May 2018, two incidents of fly-tipping were reported to Council Officers in the Westfield area. Upon investigation, evidence identified the source of the fly-tipped waste was a local property that recently had a new bathroom installed by Lukasz Sieminski of Spring Grove Road, Hounslow.
Mr Sieminski admitted that he employed the services of an unknown waste removal operator who offered to dispose of his commercial waste. Although Mr Sieminski claimed he was shown a waste carrier licence, he had no receipt for the waste collection, no waste transfer note or name and address of the company or individual who collected the waste.
Under Section 34 of the Environmental Protection Act 1990, it is an offence for any person who fails in their duty of care to ensure their waste is transferred to an authorised person to prevent it being fly-tipped by another person.
At the Court hearing, Mr Sieminski pleaded guilty and was fined £200 and costs in bringing the prosecution of £605 plus a £30 victim surcharge. In addition, Mr Sieminski was ordered to pay £531.58 towards the cost of removing the fly-tipped waste – a total of £1,336.58.
Cllr Beryl Hunwicks, Woking Borough Council’s Portfolio Holder for Waste and Recycling, said: “This is another successful prosecution relating to fly-tipping. It demonstrates our ongoing commitment to tackling the problem across the Borough through whatever means necessary.
“Fly-tipping is a criminal offence and will not be tolerated under any circumstance. This case highlights the fact that there are unscrupulous individuals who claim to be legitimate waste disposal operators when they are clearly not.
“Our advice is always to use a reputable operator. Disposing of waste is not cheap and if an offer is too good to be true, it usually is. If tradespeople are working on your property, check how and where they are disposing of the waste.
“This successful prosecution should send a clear message that we will not hesitate to take legal action against those responsible.”
For information about the Borough’s waste and recycling services, please visit www.woking.gov.uk/waste