Council issues £300 Fixed Penalty Notice for Breach of Household Waste Duty of Care

Denbighshire County Council has issued a £300 Fixed Penalty Notice to an individual for failing to comply with their legal Duty of Care in relation to the disposal of household waste.

This enforcement action demonstrates the Council's commitment to tackling fly-tipping and ensuring waste is disposed of responsibly to protect the environment and local communities.

The case followed an investigation by the Council's Environmental Crime and Behaviour Change Team after a fly-tip was discovered adjacent to a play area in Prestatyn.

Officers examined the waste and recovered evidence that led them to the person responsible for arranging its disposal, despite them living approximately 125 miles away.

The investigation established that the individual had paid someone to remove their household waste but had failed to carry out reasonable checks to ensure the person was a registered waste carrier. The waste was subsequently fly-tipped in Prestatyn.

Rather than pursuing prosecution, the Council issued a £300 Fixed Penalty Notice for breaching the household waste Duty of Care requirements.

Residents have a legal Duty of Care when disposing of household waste. This means taking reasonable steps to ensure waste is only passed to an authorised person or a registered waste carrier and that it will be disposed of lawfully.

Anyone paying another person to remove their waste should always ask to see their Waste Carrier Registration and retain details of who collected it. Failure to do so could result in enforcement action if the waste is later found to have been fly-tipped.

Jonathan Brittain-Hughes, Environmental Crime Manager for Denbighshire County Council, said:

"We want to remind everyone that they have a legal responsibility to ensure their household waste is only passed to an authorised waste carrier. Fly-tipping causes significant harm to our environment, costs taxpayers money to clear up and affects the quality of life in our communities.

"This case demonstrates that no matter where someone lives, if evidence links waste back to those responsible for failing in their Duty of Care, we will investigate thoroughly and use the enforcement powers available to us.”

Cllr Barry Mellor, Lead Member for Environment and Transport, said: "Our message is clear: fly-tipping and irresponsible waste disposal will not be tolerated in Denbighshire. We will continue to take robust action against those who contribute to environmental crime and work to keep our county clean and safe for everyone."

To check whether a person or business is registered to carry waste legally, visit the Natural Resources Wales Waste Carrier Register before handing over your waste.

https://naturalresources.wales/permits-and-permissions/check-for-a-permit-licence-or-exemption/?lang=en