United Kingdom Reckless Tender

A skip hire company owner who was duped by a rogue waste collector has been ordered to pay nearly 25000 after his rubbish was found dumped at 4 Essex sites.Owneroperator Robert Walker of Bobs Skips in Basildon Essex failed to check the legitimacy of a haulier who claimed to be working for a genuine haulage company. The driver did not work for the company and was using fake waste transfer notices. The waste was later found fly-tipped at 4 different locations in Essex.Chelmsford Magistrates Court heard today that the rogue trader had made a cold call to Walkers company looking for something to fill his lorry for a return journey.Mrs Sarah Dunne prosecuting for the Environment Agency told magistrates that Walker 54 of Whitmore Way Basildon arranged 4 of these deliveries.She told the court that Walker had asked for waste transfer notices but made no further enquiries about the legitimacy of the company and failed to notice the forms were not filled in properly.He also had no idea where the waste was being taken nor did he check that it had arrived at its destination - all part of his duty of care. Due to the inaccurate nature of the paperwork it was not possible to trace the lorry or the driver.Mrs Dunne said Walker had been reckless and breached the duty of care he had when managing waste.This unlawful waste disposal could have been prevented if the code of practice had been followed.By breaching his duty of care he avoided the costs and taxes involved in sending waste to a permitted site.After the hearing Environment Agency officer Tom Pickover saidWe hope this sends out a clear message to waste operators that they cannot take a cavalier approach to its disposal.The duty of care rules are there to protect the environment and legitimate traders who want to do a good job of disposing of waste properly.Walker was fined 10000 ordered to pay 8300 towards the costs of the clean-up of the fly-tipped rubbish and 6532 in costs. There was also a 30 victim surcharge.The defendant pleaded guilty to Between 1 January 2018 and 31 January 2018 you failed to comply with the duty of care imposed by section 341a of the Environmental Protection Act 1990 in that being a person that disposes of controlled waste namely a skip full of mixed waste did fail to take such measures as were reasonable in the circumstances to prevent any contravention by any other person of section 33 of the Environmental Protection Act 1990 contrary to section 341a and 6 Environmental Protection Act 1990.Between 1 February 2018 and 28 February 2018 you failed to comply with the duty of care imposed by section 341a of the Environmental Protection Act 1990 in that being a person that disposes of controlled waste namely a trailer full of mixed waste did fail to take such measures as were reasonable in the circumstances to prevent any contravention by any other person of section 33 of the Environmental Protection Act 1990 contrary to section 341a and 6 Environmental Protection Act 1990.Between 1 January 2018 and 31 January 2018 you failed to comply with the duty of care imposed by section 341a of the Environmental Protection Act 1990 in that being a person that disposes of controlled waste namely a skip full of mixed waste did fail to take such measures as were reasonable in the circumstances to prevent any contravention by any other person of section 33 of the Environmental Protection Act 1990 contrary to section 341a and 6 Environmental Protection Act 1990.Between 1 February 2018 and 28 February 2018 you failed to comply with the duty of care imposed by section 341a of the Environmental Protection Act 1990 in that being a person that disposes of controlled waste namely a trailer full of mixed waste did fail to take such measures as were reasonable in the circumstances to prevent any contravention by any other person of section 33 of the Environmental Protection Act 1990 contrary to section 341a and 6 Environmental Protection Act 1990.