- Communications from Environment Agency officers ignored by offender
- Waste transfer note not submitted by offender despite advice
- Case heard at Derby Magistrates on 20 November 2023
At Derby Magistrates Court on Monday 20 November, Wayne Rogers, 40, who operated under ECO Tyres rear of Church Street, Swadlincote, admitted the offence and was fined £518, ordered to pay costs of £600 and the victim surcharge of £207 coming to a total of £1325.
The court was told that Environment Agency officers visited his premises on 5 September following information that a large number of tyres were being stored around the premises. The officers visited the site again on 11 October to find that the tyres had been removed. However, Rogers then failed to produce the waste transfer note.
Further attempts to contact Rogers via mobile phone and email were ignored. Rogers was issued with a fixed penalty notice for failing to produce waste transfer notes which he failed to pay. Every person who produces, carries, keeps or disposes of waste is subject to duty of care legislation to ensure the waste is managed appropriately, which includes ensuring the transfer of waste is recorded.
A spokesperson for the Environment Agency said: "The requirements to keep and produce waste transfer notes are in place to protect the public and environment.
"Failing to comply with legal requirements to keep and produce records undermines legitimate businesses that work hard to operate within the regulations. The regime is intended to ensure that waste is disposed of correctly. The production of transfer notes is an important aspect of that regime.
"We hope this sentence sends out a clear message to others that proper records as required under the law must be maintained and produced when required.
"Illegal waste activity can be reported to the Environment Agency on 0800 807060."
The Charge
On or before 11 November 2022, Wayne Rogers, trading as ECO Tyres, failed to comply with the requirements of a Notice dated 3 November 2022 requiring waste transfer
