A UK bicycle shop owner was fined £180 (USD $300) because Southend Council officers refused to believe that his store did not create any commercial waste.
Mark Howard would seem to be the model of an environmentally conscious business owner; he recycles everything from cardboard to old pedals and sells metal parts that can’t be put to further use, such as bent frames, to a scrap yard. His business produces no commercial waste.
Howard’s disagreement with Southend Council came when he decided not to purchase 50 commercial waste bags from the council for £80. Under the council’s system, the bags are collected when full; considering that Howard produces no commercial waste, he had no use for the bags. After he failed to purchase any bags, the council sent him a letter asking him to explain how he dealt with his waste. He called the council to explain, but they did not believe him and sent an agent to investigate.
Howard explained what happened next:
An officer came round a week later but he didn’t look round or ask any questions. He just handed me another letter which said I must pay a fixed penalty. They didn’t give me a chance to show them what I do – which is better than the council contractor’s service because their waste goes to landfill.
If Howard fails to pay the fine within 10 days, it will be raised to £300 (USD $500).
Howard describes the council’s reaction to his attempts to address the situation:
Despite repeated calls I was fobbed off all the time. I have tried to get an interview with the director of the department but nothing has happened. This is totally stupid. The council must have money to burn because they want this case to go to court. I’m not some environmental fruitcake trying to save the world. I’m just an ordinary person using my brain to avoid waste. But they don’t seem to care.
Southend Council responded by claim that they acted within the law because Howard failed to provide evidence of his waste disposal procedures. Simon Crowther, group manager for waste, explained:
Mr. Howard is required under the Environmental (Duty of Care) Regulations 1991 to produce evidence as to how he legally and lawfully disposes of commercial waste under his control. Mr Howard has been issued with a fixed-penalty fine due to the fact he failed to provide this evidence.
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