Published: Thursday, 14 March 2024

Oxford Carpets and Furniture Limited has been fined £2,000 for failing to comply with duty to dispose of controlled waste under section 34(6) of the Environmental Protection Act 1990

The prosecution was carried out by Oxford City Council’s Community Response Team. 

The business in question had been causing issues at the Redbridge Waste and Recycling Centre by falsely claiming that the waste they were disposing of was domestic, when, in fact, they should have been paying for commercial waste disposal. 

The court date, which took place last month at Oxford Magistrates Court, saw Oxford Carpets and Furniture Limited facing charges related to improper waste disposal practices. As well as the £2,000 fine, the company faced additional costs including a Victim Surcharge of £800 and £500 legal costs. 

Under section 34 of the Environmental Protection Act 1990, businesses are legally obligated to ensure the safe handling and disposal of waste within their possession. This includes the completion of transfer notes during waste transactions to document proper disposal methods and adherence to regulations. 

Subsequently, a Section 34 Notice was issued to Oxford Carpets and Furniture Limited, requiring the submission of waste transfer notes detailing their waste management procedures. The failure to comply with the duty imposed by section 34 of the Environmental Protection Act 1990 resulted in the successful prosecution. 

Comment 

“The investigation into Oxford Carpets and Furniture Limited's waste disposal practices was initiated following reports from Oxfordshire County Council and the Household Waste and Recycling Centre at Redbridge.  Concerns were raised regarding the improper disposal of commercial waste in household bins, prompting an inquiry by the Community Response Team at Oxford City Council. 

"We are determined to make sure that commercial waste is disposed of appropriately and working with our colleagues at the County Council, will always pursue transgressors when possible.” 
Councillor Nigel Chapman, Oxford City Council Cabinet Member for Citizen Focused Services and Council Companies 

“Our HWRCs provide a service for our residents to dispose of their household waste. They are not there for a minority of unscrupulous traders to get rid of commercial waste. Hopefully this prosecution and substantial fine will act as a warning to any businesses planning to do anything similar in the future. Our teams will follow up their suspicions and so it’s not worth the risk.”
Councillor Pete Sudbury, Deputy Leader of Oxfordshire County Council with Responsibility for Climate Change, Environment and Future Generations. 

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