Waste producer fined for flytipped waste

Court imposes hefty costs on builder who hired opportunist to remove waste

Tomas Zebrauskas, a builder trading as T and Gee Construction Limited, attended High Wycombe Magistrates Court on 13 January 2020, pleading guilty on behalf of his company to an offence of failing in their duty of care after waste was found illegally dumped.   

The court heard that on 12 December 2018, a large amount of building and renovation waste was found illegally dumped on Bellswood Lane, Iver. An investigation by Buckinghamshire County Council enforcement officers established that the waste was generated during construction work at a premises in Herne Hill, South London, carried out by Dagenham-based T and Gee Construction.

In court Mr Zebrauskas admitted that he had paid an opportunistic operator to remove and dispose of waste that he had generated at the Herne Hill site. He admitted that he had been negligent and did not check if the individual was registered with the Environment Agency as an authorised waste carrier, and had completed no paperwork. He had therefore failed in his duty of care in relation to the transfer of the waste. 

The District Judge fined T and Gee Construction Ltd £1,000, and ordered them to pay costs incurred by Buckinghamshire County Council of £4,217. £425 compensation was also awarded to South Bucks District Council for the clear-up of the waste, and a victim surcharge of £100 was levied. The company therefore had to pay a total of £5,742.

South Bucks District Council Cabinet Member for Environment Luisa Sullivan, speaking on behalf of the Waste Partnership for Buckinghamshire, said: "The level of fine and costs imposed by the court in this instance highlights the seriousness of this kind of case. We will only be able to tackle the problem of commercial fly tipping when the building trade takes the matter seriously and refuses to pay opportunistic criminals to take their waste away."

The case was prosecuted by Buckinghamshire County Council working on behalf of the Waste Partnership for Buckinghamshire.  The Waste Partnership launched the SCRAP Fly Tipping campaign in August 2018 to combat illegal dumping and waste management offences in Buckinghamshire.