A drive-by scrap collector who dumped commercial waste he was paid £350 to dispose of properly has been charged £2,300 and told to do 15 days of rehabilitation and 150 hours of unpaid community service work.
Tommy-Lee Barras, 29, of Devon Road in Newark pleaded guilty at Lincoln Magistrates Court to three charges relating to flytipping after North Kesteven District Council responded to the dumping of a large amount of material near Leadenham a year ago.
He admitted fly-tipping on August 18, 2023, not having the necessary waste carrier’s licence to take the waste away and failing to assist in the investigation by providing the required information or assistance.
The waste included flooring, signage and construction items as well as paperwork relating to a premises in Kirton, Boston. After being traced back to its origins the property owner confirmed it was his. He said a white Ford Transit van – later found to be Barras’ – pulled up at the premises looking for scrap and the driver offered to take the waste away for £350.
The business owner admitted he made no checks for a waste carrier’s licence – which anyone engaging waste removal should – and accepted that he failed in his duty of care to ensure that Barras was a legitimate waste carrier, for which he was fined £400 through a fixed penalty notice.
Through North Kesteven District Council’s investigations CCTV and ANPR data tracked two collections being made on August 17, journeys back and forth to Newark where scrap was weighed in, and payment to Barras. He repeatedly failed to respond to requests for information and the details he eventually gave of a waste carriers number were not valid.
Given the considerable scale of the waste deposit that required an external contractor to remove, Barras’ operation on a commercial scale, the evidence against him as being the main user of the vehicle and his failure to attend interview, the Council was right to investigate and prosecute the case.
Councillor Mark Smith, Executive Board Member with special interest for environment and public protection, said
“There were numerous complaints received regarding the dumping of this waste in a popular walking location. Members of the public were understandably outraged by this blatant environmental crime, as were we.
“Barras was paid and trusted to deal with this material properly but instead sought to profit through criminality, without any consideration for the law, the environment harmed by dumping it in open countryside, or the people affected. Fly-tipping is not a victim-less crime and it is important for everyone to be vigilant in doing the right thing and engaging the right people to handle their waste to ensure it doesn’t happen.
“As this case shows, we take a very dim view to fly-tipping of any waste in our area and in partnership with the Lincolnshire Environmental Crime Partnership will continue to take a rigorous approach to people like Barras who take advantage of people and cause environmental harm.”
To make it easier to verify a waste handler’s credentials and keep a note of the engagement, the Council has produced a ‘receipt’. It was circulated to District homes on the back of the latest NewsNK publication in July and can be downloaded at www.n-kesteven.gov.uk/flytipping where there more information and a link to report fly-tipping.
Barras was ordered to pay £2,314.93 in costs to the Council and fulfil a 12-month community order to undertake 15 days of rehabilitation activity and 150 hours unpaid work in the community
The imposition of unpaid community work is additional to the usual financial penalties imposed by a court and should be an additional deterrent to show what can happen if you fly tip.