Fly-tipping was 'silly mistake'

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Wednesday, January 28, 2009
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This is Lincolnshire

A builder accused of fly-tipping in Eagle Moor, near Lincoln, told a court that some Irish people had dumped the rubbish from the back of his truck.

Ross Mason (32) had collected garden waste and building rubble from a property his father-in-law was working on.

But, Lincoln Magistrates' Court heard, he sold his tipper truck later the same day and told the buyers they would have to get rid of the rubbish it contained.

Several blue plastic bags full of garden rubbish and rubble, a wooden door and a dismantled kitchen were dumped by the side of Black Lane, on or around September 9 last year.

A black sack full of personal documents and paperwork also fly-tipped at the site led investigators from North Kesteven District Council to take Mason to court.

He admitted breaching his duty of care to ensure rubbish is lawfully disposed of under the Environmental Protection Act 1990.

Mason, of Bawtry Close, Birchwood, Lincoln, told the court he cleared the rubbish and drove home.

Later that evening, he said, he sold the tipper to some "Irish people" who came knocking for £700 and told them the rubbish needs to be disposed of properly.

He added that the next day the people returned with the van because it had defects and he gave them back their money.

"I asked them where the load had gone and they said they had tipped it at the waste disposal in North Hykeham," Mason said.

"I took their word for it and the next thing I was getting prosecuted for it."

Ruksana Munir, prosecuting on behalf of the council, said the authority takes fly-tipping offences very seriously.

"Businesses have a certain responsibility to ensure waste disposal from commercial operations is disposed of in accordance with the law," she said.

"Mr Mason accepted in interview he had failed to ensure this and he had breached his duty of care as a builder."

Magistrates told Mason it was a "silly mistake".

He avoided the maximum £5,000 fine fly-tipping can attract and was instead fined £200, with £400 towards prosecution costs and a £15 surcharge.

For more details of this case, see Wednesday's Echo.

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