Waste offence prosecution after using company found on Facebook

19 August 2022

A Preston resident has been prosecuted by Chorley Council for failing to take reasonable measures to ensure someone he'd hired to remove domestic waste from his property was registered to carry waste.

Nicolae Armulescu of 68 Basil Street Preston pleaded guilty at Lancaster Magistrates' Court after admitting, during communication with Chorley Council, that he paid a "guy from Facebook market" to remove waste from his address and that he had not carried out any checks to see if that person was a legitimate waste carrier. The maximum fine for this type of offence is £5000.

In response to a complaint of fly-tipping, Chorley Council attended Burgh Hall Road in Chorley and discovered a tipper load of fly tipped waste including commercial bathroom waste and a cardboard box containing Mr Armulescu's name and address.

Councillor Alistair Morwood, Executive Member of Chorley Council (Planning and Development) said: "Fly tipping can cost Chorley Council over £110,000 per year and in addition to the financial implications it puts unnecessary demand on resource as a result of regular clearing of these incidents.

"Anyone who transports controlled waste as a business or for profit must only do so if they are registered to do so with the Environment Agency, so it's vital that those who pay them for their services check that this is the case, otherwise they can end up being prosecuted themselves.

"Fly tipping and related crimes aren't victimless as the fly-tip often ends up in water courses harming wildlife, or blocking roads and sometimes the contents of the fly tip can be a public health risk, so it's vital that we continue to take action against those who are responsible."

In 2021/22 there were 1037 fly-tipping incidents in Chorley at an estimated cost to council tax payers of £110,672. After an increase in the number of fly tips since the start of the pandemic, Chorley Council have doubled the size of its enforcement team to help take action against those responsible.

Nicolae Armulescu, born 1 July 1990, was fined £268 and ordered to pay £200 towards the Council's costs as well as pay a victim surcharge of £34.

Despite Mr Armalescu not being charged with the offence of fly-tipping itself, the court was shown a photograph of the fly-tip to give an idea of mischief caused by the transfer of waste to unsuitable persons who do not dispose of waste lawfully and properly.

Incidents of fly tipping found by the public can be reported on the Chorley Council website.