A Lincoln woman has appeared in court and been charged for fly-tipping after brokering a deal with an unlicensed trader via Facebook who later dumped that waste at Metheringham Airfield in a landmark case for North Kesteven District Council.
Yesterday (Monday October 6) at Lincoln Magistrates Court, Ms Amy Leakey of Barker Court, Lincoln pleaded guilty for acting as a broker for controlled waste under section 34(1) of the Environmental Protection Act 1990.
In July 2013 Ms Leakey responded to an advert placed by a district resident on a local Wanted & Sale Facebook group for a ‘man with a van’ and waste clearance. Leakey negotiated and brokered a £35 deal with that resident for her then-partner Gary Holland – an unlicensed trader - to remove the waste. Holland later illegally disposed of this waste by fly-tipping it on Metheringham Airfield.
After investigations by NKDC’s Environmental Protection Officer the waste was traced back to its owner and subsequently to Holland and Leakey. Holland was successfully prosecuted for the fly-tipping offence earlier this year. Although it couldn’t be proven that Leakey had any involvement in the actual fly-tipping of the waste, NKDC successfully proved that by acting as a broker Leakey still had control of the waste. Leakey was also responsible to prevent any contravention by any other person for the disposal of the waste.
In court yesterday Leakey was given an 18-month conditional discharge, £100 costs and £15 victim surcharge. This is the first time North Kesteven District Council has been successful in bringing such charges.
NKDC Executive Board Member for Environmental Protection Coun Richard Wright said after the case: “This landmark victory for NKDC demonstrates that where persons have illegally and maliciously dumped waste, which last year cost the North Kesteven taxpayer £66,343 to clear up, the council will take robust action. We will investigate and we will prosecute.”