Registered waste collector hit with £1,314 in fines and costs after fly-tipping in Woodchurch

An Ashford registered waste collector who admitted repeatedly breached his responsibilities to deposit waste at an authorised site has been hit with a fine and costs totalling £1,314.

On 23 November, Folkestone Magistrates Court fined Jasper Smith £360 and ordered him to pay a victim surcharge of £154 and £800 towards Ashford Borough Council’s legal costs. Mr Smith was ordered to pay £20 a month with the first payment due within 28 days.

At a previous hearing, the court heard that Smith, of Chilmington Green Caravan Site in Ashford, is the owner of the business called Landscaping Services. Since 31 August 2021 he has been registered with the Environment Agency (EA) and holds an Upper Tier waste carriers licence. Since the 25 March 2022 he has been registered and licenced with Ashford Borough Council.

This allows Mr Smith to operate as a scrap metal collector. As part of becoming, and remaining, licenced he is provided with information about responsibilities as a waste collector and the consequences of failings. This includes that he must only take his waste to an authorised site.

On the 17 July 2022 a routine inspection of the Chilmington Caravan site was undertaken by a council housing officer. Mr Smith told her that he takes his waste to his friend’s premises ‘White Hill Farm’ in Woodchurch. He also told council environmental enforcement officers that he disposes waste in this way and that the owner of the farm is ‘Geoff’.

The court heard that information checks were carried out on ‘White Hill Farm’. There is no complex known by this name. The most likely premises to which he refers is Walter House Farm, Appledore Road, Woodchurch, where Geoffrey Douglas Kellick George and Patricia Taylor are liable for council tax.

On the 27 October 2022 council officers visited Walter House Farm to speak to Mr George about the suspected acceptance of waste deposits from Jasper Smith. Mr George confirmed that he knew Mr Smith and that he had brought waste to the farm on around a dozen occasions, for which Mr George was paid.

Mr George showed officers where the waste is dumped on a large open area to the side of the farm buildings. There was a large pile of waste including fence panels, planks and garden waste. Mr George stated that he would take the waste to a field to be burnt.

The court was told that Mr George accepted that he does not hold a licence to accept waste and he was not provided with Waste Transfer Notes by Jasper Smith. As a licensed waste carrier, Smith is legally required to keep these Notes as records of his business waste collections and deposits for two years.

As a result of this investigation, a £400 Fixed Penalty Notice (FPN) was issued to Jasper Smith for offences under Section 34(1A) of the Environment Protection Act 1990.

In response, Mr Smith spoke with a council environmental enforcement officer. He presented as confrontational and upset that he was unable to deposit waste at Walter House Farm, the court was told.

Mr Smith indicated that he would be depositing waste at an alternate site that he would not disclose and threatened to fly-tip waste in response to receiving the FPN. The council officer provided advice in relation to responsibilities and reminded him that deposits should only be made at licenced sites.

On the 14 November 2022 Mr Smith was sent a 14 day reminder letter in relation to the FPN and also a Notice under Section 34 (5) of the EPA 1990 requiring provision of Waste Transfer Notes for period 27 August 2022 to 27 October 2022. Mr Smith failed to produce Notes as requested or at all. The Fixed Penalty Notice remained unpaid and so the council made the decision to prosecute.

The charges

Between the 27 August and 27 October 2022 the defendant failed comply with duties imposed by section 34 (1) & (1A) of the Environmental Protection Act 1990, namely that he failed to ensure compliance with Section 33 of the Act. Contrary to Section 34 (5) & (6) of the Environmental Protection Act 1990.

Between the same dates the defendant knowingly caused or permitted controlled waste to be deposited in or on land, namely on land known as Walter House Farm, Woodchurch, without an environmental permit authorising the deposit being in force. Contrary to Section 33(1) (a) and (6) of the Environmental Protection Act 1990.

On or around the 14 November 2022 the defendant failed to produce written documentation relating to the Transfer, Collection and Disposal of Commercial (Controlled Waste) and requested by Ashford Borough Council in a notice of the same date. Contrary to Section 34 (5) & (6) Environmental Protection Act 1990.

Geoffrey George

In a separate case, Ashford’s Environmental Enforcement team issued Geoffrey George a £400 Fixed Penalty Notice under Section 33 (1B) of the Environmental Protection Act 1990. This details where it is an offence to carry out a listed operation upon controlled waste on land where there is no environmental permit to allow the activity to be conducted. Listed operations can include the deposit, burning, burying of waste or release of controlled waste into water. Mr George paid his Fixed Penalty Notice.

Using waste carriers

If using a commercial service, you should check whether someone is licensed to carry waste by calling the Environment Agency on 03708 506506 or by visiting their website.     

It also helps if householders receive a written receipt or transfer note, including contact details, description of waste removed and details of where the waste is being taken to.

Report a fly-tip

Many of the leads that end with offenders being caught come from residents alerting us to fly-tipping incidents by using the Report It page on our website.