Clampdown on rogue waste carriers proves it a ‘Crime not to Care’

The council’s drive to clamp down on fly-tipping continues as a waste carrier has been found guilty by York Magistrates of illegally dumping waste and has been ordered to pay £4,670.

On 10 July 2017, City of York Council received a report of fly tipping on Mill Lane, Askham Richard, York. Officers traced the waste to a York-based charity which provided an invoice showing that it had paid a licensed waste removal carrier, York Waste and Rubbish, owned by Michael Pipes, aged 40 of Sowerby Road, Acomb, York.

Mr Pipes attended an interview under caution, admitting he was paid to remove waste from York Mind but denied fly-tipping it. Although Mr Pipes is licensed to carry waste he was unable to give officers waste transfer information to prove that he took it to a licensed waste site.

Mr Pipes was asked to show diary entries for his jobs requested under Section 108 of the Environmental Act 1995, which again he couldn’t do for this job.

As part of his mitigation, the defendant wrote to the magistrates: “I apologise for any hurt, distress I’ve caused to anyone involved in this situation. This again, was not my intention.”

The magistrate told Mr Pipes: “Depositing waste is an extremely serious offence. It is unpleasant to look at and can be dangerous to the environment. It is not to be taken lightly. The fines involved are high for that reason.”

The fines totalled £3,500 with a surcharge of £170 and a costs award of £1,000, adding up to a total £4,670.

Councillor Andrew Waller, executive member for environment, said: “The vast majority of licensed waste carriers in York act within the law. This continued action by our enforcement officers to clamp down on unlicensed or rogue waste carriers supports our #CrimeNotToCare campaign to reduce fly-tipping.

“We continue to ask residents and businesses to use licensed carriers or, for waste they can’t take to our household waste recycling centres, arrange for the council to collect it via https://www.york.gov.uk/BulkyWaste. We’ll take up to ten items so please join together with neighbours.”

Richard McIlwain, deputy chief executive of the charity Keep Britain Tidy, said: “I applaud the actions of City of York Council and the magistrates in getting this case to court and making sure the fine fits the crime. It’s great to see the council putting our Crime not to Care campaign into action.”

It’s a #crime not to care, new campaign tells York residents

A new campaign to help curb fly-tipping is reminding residents and businesses that by law, their waste is their responsibility and must be disposed of safely and legally, otherwise they face a significant fine.

Launched with Richard McIlwain, deputy chief executive for Keep Britain Tidy, the #Crime Not to Care campaign aims to raise awareness and tackle unlicensed waste carriers responsible for a growth in fly-tipping.

All waste carriers must be licensed and only they should be used. Licensed carriers properly document the waste’s journey to its legal end, and so reduce the risk of fly-tipping.

In 2016/17 we dealt with 1,518 incidents of fly tipping at a cost of £65,087, after a year-on-year increase since 2012/13 when we dealt with 1,518 instances of fly-tipping which cost £53,295 to clear.

To ensure waste is legally disposed of, ask the carrier for their name and address. Check their license at https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers or by calling the Environment Agency on 03708 506 506. If they’re on the database, they can be used. If they’re not, please report them to neo@york.gov.uk so we can investigate. When the licensed carrier collects the waste, ask for a receipt with their name, address and vehicle registration number on it. The waste’s originator can be prosecuted if it is fly-tipped.

A waste carrier’s license is valid for three years, costs £154 and can be applied for at www.gov.uk/waste-carrier-or-broker-registration.

The campaign is also reminding residents of other ways to safely dispose of waste which can’t be taken along with kerbside collections. These include arranging for collections of bulky item by the council by calling on 01904 551551. While there is a charge for this service, up to ten items can be taken, so it’s worth contacting a local residents’ association or neighbours to share the cost and the collection.

Waste can also be taken to Household Waste Recycling Centres (HWRCs) at Hazel Court or Towthorpe and booklets of free permits for larger vehicles to carry it can be ordered via www.york.gov.uk/HWRCPermits. Or, recycling banks around the city can be used – see www.recycle-more.co.uk/bank-locator or call 01904 551551 to find where they are located.

The campaign is also promoting recycling reusable household goods with charities including British Heart Foundation, St Leonard’s Hospice, York Community Furniture Store Ltd, Besom in York, many of which will collect for free.
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£1,040 costs for jet wash fly tipper from west York

Dumping waste at two service stations’ jet washes has resulted in a van driver being ordered to pay £1,040 by York Magistrates.

On 9 February 2017, Nathan Lofthouse, (aged 28 of Askham Croft, York) used a hand-held jet wash at the Inner Space Station, Hull Road, York, to clean his trailer. Having spent over an hour there, he drove away leaving behind bagged and loose wood and rubble, which took the business over an hour to clear away.

On 12 February 2017, Nathan Lofthouse visited the Co-op Texaco service station, Boroughbridge Road, York in a white Ford Luton van, to use their jet wash because of a spillage of paint in the back. He was seen on CCTV removing tins of paint, buckets and a metal box and put them by the jet wash. Mr Lofthouse spent two hours at the jet wash, during which time he was asked twice to make sure he removed the waste. Upon leaving, Mr Lofthouse left the waste behind.

Mr Lofthouse was interviewed about the two fly tipping offences by council officers in April 2017. He admitted both, claiming he had left the waste at the Inner Space Station by accident, whilst he said his visit to the Co-op Texaco garage was an emergency as he had been distracted by the paint spillage.

Mr Lofthouse was asked to pay a fixed penalty notice however after several reminders, they remained unpaid.

On Tuesday 2 January 2018, Mr Lofthouse attended York Magistrates Court and pleaded guilty to both offences. He was sentenced to a total fine of £410 for both offences, costs of £600 and a court surcharge of £30.

In court, Mr Lofthouse claimed that both offences were an oversight by him, that he went back after a few days, and that as everything had been cleared away he’d lost money as some items were valuable.

Cllr Andrew Waller, interim deputy leader and executive member for the environment, said: “Dumping waste on a business’s property for them to bear the cost of cleaning up is unacceptable. That some of the materials were contaminants makes it worse.

“For information on commercial waste go to www.york.gov.uk/waste or the Environment Agency at www.gov.uk/guidance/access-the-public-register-for-environmental-information. To report fly-tipping or illegal waste disposal please contact neo.york.gov.uk .”

100 hours community service for theft and unlicensed scrap dealing

As part of the council’s drive to prevent fly-tipping by ensuring waste carriers are licensed, on Tuesday (21 November) a scrap metal dealer was prosecuted for stealing two items from a house and for being unlicensed.

In May 2017, a council officer witnessed Christopher Smith, aged 48 of James Street, York, enter a garden, take a vacuum cleaner and a steam cleaner and put them into the back of the van he was driving. When challenged, he claimed it was his aunt’s home and became abusive. On checking it was found that his aunt did not live there.

In July 2017, Mr Smith was stopped by neighbourhood enforcement officers as he was using a vehicle loaded with scrap metal. The van had no scrap metal dealers licence on display and Mr Smith refused to answer questions at the time. Further investigation found that his licence with City of York Council had expired in March 2017 and he had failed to respond to reminders from the council’s licensing team.

Mr Smith failed to attend interview or respond to questions under caution about the offence of carrying waste without a scrap metal dealers licence or a waste carrier licence, both of which are legal requirements.

At York Magistrates Court on Tuesday 21 November 2017, Mr Smith pleaded guilty to one offence of theft, one offences of transporting controlled waste without a waste carrier licence, operating as an unlicensed scrap metal dealer, failing to provide information about business waste being carried and disposed of.

Mitigation offered to the court included a claim that the theft was opportunistic. Further mitigation offered was that at the time, Mr Smith was showing the ropes of the family business to his son to whom he was handing it over, and that it would be his son who would apply for a dealers licence in the future. Mr Smith claimed too that he was illiterate so could not keep records or read enforcement letters. He is now working for a delivery company.

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Waste dealer faces prison for flytipping in Thoresby Road area in York

A waste dealer who claimed to be properly licenced was yesterday (8th November) found guilty of 19 charges of illegal collection and waste disposal, including dumping asbestos.

He awaits sentencing on 21 December 2017 when he faces being sent to prison.

In February and March 2017, 13 incidents of fly tipping were found on verges, alleys, in a playing field and on a private drive, in the Thoresby Road area. The waste was from bathroom refits by a plumbing firm, which had employed who they believed was a licenced scrap and waste collector.

The firm paid Mr Pipes in cash to remove the waste which included old toilets and baths, tiles and timber. In a rubble bag, a receipt was found by an estate worker, who reported the tips to the council’s neighbourhood enforcement team. They traced the waste back to the plumbing firm, and Mr Pipes failed to provide proper paperwork, evidence of a waste carrier’s licence or a scrap metal dealer’s licence.

In March and April 2017 Mr Pipes and his van were seen four times – and were photographed – disposing of large amounts of waste in a litter bin at Beech Grove, Acomb.

Mr Pipes entered a guilty plea of fly tipping around York, carrying waste and scrap without the relevant licences and failing to produce proper paperwork for the disposal of waste.

The movement of waste is regulated to ensure that it does not cause pollution and is treated safely at every stage. All businesses which produce waste must keep paperwork to prove how they dispose of waste and council officers will investigate carrying and disposal.

Cllr Andrew Waller, executive member for the environment, said: “The punishment imposed by York Crown Court reflects the severity of these offences. Fly-tipping is unsightly, anti-social, can pollute the land it’s dumped on and creates considerable cost for City of York Council to clear. Anyone with a business which buys or sells scrap metal must register as a dealer with every local authority where they wish to operate, and in addition, anyone carrying waste must register with the Environment Agency.

“While they are responsible for safe disposal, people who hire them must also check the carriers are properly licensed or they themselves could risk a criminal record.”

For information on commercial waste and residents’ responsibilities go to www.york.gov.uk/waste or visit the Environment Agency at www.gov.uk/guidance/access-the-public-register-for-environmental-information. To report fly-tipping, illegal waste disposal or concerns about waste dealer’s licencing, please contact neo.york.gov.uk .

Vandalism problems growing in City in run up to bonfire night

There seems to be an even greater increase in anti social behaviour problems in the City this year as “bonfire” night approaches.

We’ve reported damage to street furniture, trespass and misuse of moped during the last week.

Insecure Multi User Games Area on Kingsway West reported for the second time in 4 weeks.

A burnt out picnic table has been removed by Council. Th table was funded by contributions from local residents.

Hope for a tidy up of the little Green Lane garage area?

Not vandalism, but a dumped microwave doesn’t improve the environment

Total £1,050 costs for ‘man with van’ who fly-tipped

Showing that fly-tipping doesn’t pay, a ‘man with a van’ who dumped domestic waste in a field’s gateway was yesterday (Tuesday 10 October) fined a total £1,057 by York Magistrates.

Adam Winterburn, aged 29 of Kingsmoor Road, Stockton on the Forest, pleaded guilty and was given a £307 fine, a £30 court surcharge and £720.45 prosecution costs.

A resident who posted on Facebook for a ‘man with a van’ to remove some rubbish from an address in Haxby was privately messaged by Winterburn offering to take the waste to the tip for £35. He said he couldn’t do it for any less as the household waste recycling centre would cost him around £15.

He warned the customer to make sure there was nothing in the waste with their name and address on it, claiming that other clearance people would take her waste and fly tip it, and that she would be the one who got the blame. Winterburn collected the waste later that day and was paid £35 in cash.

Days later, the waste was found dumped in the entrance to a field in Dunnington. Evidence was found linking the waste to the address in Haxby and the resident produced screenshots of all the messages from Winterburn.

Although Winterburn telephoned the council moments before his first interview to say that he wouldn’t be attending, a second interview date was arranged with him on the telephone and he failed to attend that too. He also failed to respond to any correspondence from the council.

Cllr Andrew Waller, interim deputy leader and executive member for environment, said: “Being licensed to collect, carry and dispose of waste is a legal requirement. Fly-tipping is unsightly, risks pollution and clearing it up creates costs for local council tax payers. Please check your waste carrier is properly licensed.

For information on commercial waste and residents’ responsibilities go to www.york.gov.uk/waste or visit the Environment Agency at www.gov.uk/guidance/access-the-public-register-for-environmental-information.

Action to tackle fly tipping problems in west York as litter clearing falters

The Council has erected new notices on the Beaconsfield Street area aimed at tackling waste management issues

Meanwhile elsewhere an increasing number of litter complaints seem to be delayed in the Councils system.

The expectation is that litter reports will be addressed within 5 days of being reported but many have exceeded that timescale recently.

It is unclear why this problem has arisen as no Council explanation has been given.

Litter reported on the Tedder Road Park a month ago has still not been cleared