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Council Action following Flytipping Incidents

A trio of South Tyneside residents have been fined for offences linked to flytipping incidents across the Borough.

In one case, South Tyneside Magistrates' Court heard how a substantial amount of waste had been illegally abandoned at Blue House Lane in East Boldon in May. The contents of the waste -a domestic wheelie bin, brick rubble and other materials - led South Tyneside Council enforcement officers to Alan Hodgson's address in Prince Edward Road, South Shields.

The Council took legal action after notices requiring Mr Hodgson, aged 50, to make himself available to answer questions regarding the abandonment of the waste were ignored - an offence under section 110 of the Environment Act 1995.

Magistrates also dealt with the case of Michelle Temple in connection with a large amount of domestic waste discovered in April by the Council's cleansing team on Slake Road in Jarrow - a popular beauty spot for walkers and bird watchers. Investigating officers traced the waste to Miss Temple's address in Bardon Court, South Shields.

The court heard that within weeks of a notice being served on Miss Temple, age 37, requesting an interview about the waste, two further fly tips were found in Boldon Colliery. One, behind Arnold Street, included black bin bags and cardboard boxes featuring address labels. The other consisted of an old sofa and more black waste bags. Identification found among both loads led officers back to the same Bardon Court address.

A further notice was issued, under Section 108 of the Environment Act 1995, requiring Miss Temple to attend an interview to answer questions about how the waste came to be abandoned in Jarrow and Boldon. An offence was committed when the notice was not complied with.

Both Mr Hodgson and Miss Temple were each fined £500 in their absence. They were also ordered to pay costs of £100 and a victim surcharge of £50 - a total of £650 each.

In a further case, Hayley Allcock, aged 35, of Lambton Road in Hebburn, was prosecuted in relation to two separate incidents of flytipping.

In August 2020, waste including a double mattress, domestic waste sacks and children's toys and packaging, was found in a quiet lane at the back of Cambridge Avenue, Hebburn. A white van had been seen to tip the waste at the site days earlier.

Investigating officers found letters in the waste sacks leading them to Miss Allcock's Lambton Road address.

Magistrates were told that during the investigation, Miss Allcock admitted she had paid an unknown male to take away her waste. However, no checks were made as to whether the person was a registered waste carrier and there was no waste transfer note or receipt for the cash transaction.

She was issued with a Fixed Penalty Notice for failing in her Duty of Care under the Household Waste Regulations 2005. The FPN, and subsequent reminder, went ignored. Miss Allcock was therefore prosecuted under the Household Waste Duty of Care regulations 2005.

Then in April this year, a flytip at a unit in West Walpole Street, South Shields, was found to contain contact details for Miss Allcock. The waste included a mattress, Christmas tree, boxes, bags and a TV stand. A witness reported seeing a white transit van deposit the waste.

The Court heard that a notice was hand delivered to Miss Allcock to attend an interview about the abandoned waste. Miss Allcock contacted the Council to say she had paid someone to take the waste away, but failed to turn up for the appointment, committing an offence under Section 108 of the Environment Act.

Allcock admitted the offences in court. She was ordered to pay a total of £157, which included a £25 fine, £100 in costs and a £32 victim surcharge.

A South Tyneside Council spokesperson said: "The Council spends more than £2m a year keeping the Borough clean and tidy and the illegal disposal of waste places an additional burden on taxpayers.

"While we do all we can to identify those responsible, prosecution is always a last resort. The Council was left with no alternative but to pursue these matters through the courts.

"Although these cases can take some time to go through the legal process, we hope this serves as a reminder that we will, and we do, take action against those who obstruct our investigations to identify those responsible for flytipping offences and fail to comply with the notices served on them. Those convicted of such offences receive a criminal record.

"We would always urge householders to protect themselves by checking that the waste disposal services they use are legitimate and licensed. If waste is removed and later illegally abandoned, then there is a chance the householder could be prosecuted.

"We would also appeal to people who witness an incident to collect as much information as possible. Where a vehicle is used, a description and any registration details are particularly useful in helping us to identify those responsible."

To report fly-tipping contact South Tyneside Council's Customer Contact Centre on (0191) 427 7000. All calls will be treated in the strictest confidence. Alternatively Report It online via the Council's website at www.southtyneside.gov.uk/reportit

Further information about the safe and responsible disposal of waste can also be found at www.southtyneside.gov.uk/wasteandrecycling

 

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