‘Duty of care’ flytipper lands himself a £500 penalty
Posted on: 17 January 2019
North Devon Council is continuing to tackle flytippers across the district and those who don’t take responsibility for their waste properly, following another successful prosecution this week.
On Tuesday 15 January 2019, Mr Byron Offield from Barnstaple pleaded guilty to the ‘Duty of Care’ flytipping offence under Section 34 of the Environmental Protection Act 1990, for failing to check how his waste was being disposed of. The prosecution relates to a vehicle he sold during July 2018 containing controlled waste, which was later found flytipped near the Filleigh estate.
Mr Offield, who apologised and stated “I should have checked what was going to happen with the waste”, was fined £100 for the offence with a victims surcharge of £30. He was also ordered to pay £402 of council costs for carrying out the investigation and legal processes. The new keeper of the vehicle was traced at the time and also received a £300 fixed penalty fine for flytipping.
Executive Member for Environment, Councillor Rodney Cann, says: “Not everyone realises that if you produce waste, you have a legal duty of care to ensure it is disposed of properly. So a person or business may be guilty of an offence if their waste is found to have been dumped, even if the dumping was carried out by someone else. If you employ someone to take your waste away, always check they have a proper waste disposal permit and take their name, address and vehicle details. If we find your waste has been flytipped, you too could be facing prosecution.”Environment