Motorist who fly-tipped garden waste due to ‘horrendous’ smell is fined

A motorist who dumped plastic bags containing garden waste at the side of a Sutton Coldfield road has been ordered to pay more than £1,400.

Paul Andrew McHugh, of Wheatmore Grove, Sutton Coldfield, was spotted by a Birmingham City Council employee as he removed the bags from his car and left them at the side of Withy Hill Road on June 10, 2014.

The council officer noted McHugh’s car registration number and then followed him home to see where he lived before returning to Withy Hill Road to check the contents of the bags. They then reported the incident to the council’s regulation and enforcement department.

McHugh was interviewed by enforcement officers and admitted he was responsible for the fly-tipping incident, stating that he had been on his way to dispose of the bags at the household recycling site at Norris Way, Sutton Coldfield, but then dumped the bags in Withy Hill Road because the smell was ‘horrendous’.

Appearing at Birmingham Magistrates’ Court today (August 20), McHugh admitted knowingly causing controlled waste to be deposited in the street and failing to take reasonable steps to ensure the waste was transferred to an authorised person, both offences under the Environmental Protection Act 1990.

McHugh was fined £1,000 for the first offence, with no separate penalty for the second offence. He was also ordered to pay £436 court costs.

Councillor Lisa Trickett, cabinet member for sustainability, said: “This case demonstrates the pride our employees take in their city – the employee in question was not an enforcement officer but felt a duty to take the driver’s details and report him after witnessing this incident.

“I would urge all Birmingham residents to follow this example by reporting any similar incidents they witness so that we can take action against those responsible. Fly-tipping is not welcome in Birmingham and I want anyone contemplating doing so to know that the eyes of our city’s communities are on them.”

Councillor Barbara Dring, chair of the council’s licensing and public protection committee, said: “This sentence sends out a clear message that people who flout the law in this way have nowhere to hide.

“There are household recycling sites across the city for the use of our residents, so there is no excuse for simply dumping waste in the street. Such thoughtless actions will not be tolerated and we will not hesitate to take legal action against those who think the law does not apply to them.”


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