In a recent case at Hereford Magistrates Court, taken by Herefordshire Council’s Community Protection Team...

...Brian Holland (58) of Suffolk place, Leominster, pleaded guilty and received a 12 month conditional discharge and was ordered to pay costs of £1204.01.

He was found to have failed in his duty of care to transfer business waste to an authorised person and secure the transfer with a written description of the waste. Holland also was not registered to carry waste.


In this case officers found evidence that Holland was carrying out building repair work and house clearances and taking the resultant commercial waste to the Leominster Household Recycling Centre, where he used to work.


It was determined that Holland did not have any documentation to show he had transferred his commercial waste to an authorised person between 12 September 2015 and 12 September 2017.


All businesses must have appropriate duty of care measures in place to ensure that the waste they produce is disposed of correctly and they have documentation to show who they have transferred the waste to and keep those records for at least 2 years.


Household Recycling Centres may only be used by residents in Herefordshire wishing to dispose of their own household waste. The deposit of commercial waste - any waste associated with a business - is unlawful at Household Recycling Centres and anyone found doing this will be prosecuted.


Unlawful waste disposal and fly tipping costs council tax payers tens of thousands of pounds each year.


The Community Protection Team will investigate traders for fly tipping and anyone seeing a fly tip should report it via the council website or by phoning 01432 261761.


For further information visit

Published: Tuesday, 17th July 2018