Local Building Company Caught up in Fly Tipping Case

Published on 23 December 2010

At Harlow Magistrates court on 10 December 2010, local building company First Choice Building and Home Improvements Limited was prosecuted for the offence of failing to take reasonable measures which led to fly tipping. A representative of the company attended the hearing and pleaded guilty. The Magistrates fined the company £200 and ordered them to pay the £425.72 prosecution costs. This also includes £126.35 towards the clean up costs of the fly tipped waste.

On 14 December 2009, fly tipping at a site on Epping Lane, Stapleford Tawney, was reported to Epping Forest District Council. Upon investigation of the rubbish by Environment and Neighbourhood officers it was determined that it had originated from First Choice Building and Home Improvements Limited of Harlow.

A Director of the Company, Mr Gigerciuc was interviewed under caution by officers at the Council. He admitted that the majority of the rubbish had been from his company and admitted to allowing a man who had been carrying out labouring work at the company to take the rubbish away for £40. He had made no enquiries to ascertain whether the man had the correct waste carriers licence to transport the waste.

The company was prosecuted under the Environmental Protection Act 1990 for the offence of not taking all such measures available to him as were reasonable in the circumstances to secure that the transfer of waste was only to an authorised person and failed to ensure that there was a proper written description of the waste.

Householders and businesses have “duty of care” responsibilities to ensure their waste is passed on to an authorised person to be disposed of correctly.

If any waste is removed from a household other than your normal household collection provided by the Council, people must make sure that the person is a registered waste carrier by asking for their waste carrier number. If still unsure the Environment Agency can be contacted on 08708 506 506 or online at:

• Environment Agency Website

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