Council prosecutes Ellesmere Port woman linked to fly-tipped waste in Rivacre

An Ellesmere Port woman has been ordered to pay a total of £382 after being prosecuted by Cheshire West and Chester Council for an offence relating to fly-tipped waste.

Jade Rogan (34), of Edinburgh Court, Ellesmere Port, pleaded guilty to an offence contrary to section 34 of The Environmental Protection Act 1990, in that she gave the waste to an unlicensed person to get rid of it for her, but they simply dumped the waste illegally.

The waste was found in Rivacre Road, Ellesmere Port during April 2019.

The Council’s Regulatory Services team investigated the waste, which included several cardboard boxes and a carpet, and traced it to Ms Rogan’s address in Edinburgh Court.  Ms Rogan was invited for interview by officers twice but failed to attend on both occasions and did not pay the fixed penalty notice that had been issued

Following this Ms Rogan failed to attend court on 30 September 2020, the prosecutor then applied for an arrest warrant not backed for bail.  An application for an arrest warrant is the usual procedure followed for fly-tippers who fail to attend court proceedings without good reason.

When she discovered there was a warrant for her arrest Ms Rogan surrendered to the court voluntarily and her case was heard on Thursday 19 November.

Chester Magistrates’ Court imposed fines and costs totalling £382.  Ms Rogan received a fine of £200 for the offence and was also ordered to pay costs of £150 and a victim surcharge of £32.

Ms Rogan had previously stated she had paid a neighbour £20 to dispose of the rubbish and she was in danger, or in the process of, going bankrupt.

The Council’s Deputy Leader and Cabinet Member for Environment, Councillor Karen Shore said: “We all have a duty to ensure our waste is disposed of properly and in this case the resident was prosecuted as a result of paying a neighbour to dispose of her rubbish for her. 

“You could be liable to prosecution, as in this case, if that person is not licensed to dispose of waste and simply dumps it illegally. Always check if the person you’re handing your waste to has an appropriate licence.

“Please help us tackle this problem and report inconsiderate fly-tippers, who still think they can dispose of rubbish wherever they want causing problems for residents and draining Council services.”

If you discover illegal tipping of waste or see it being tipped, report it 24 hours a day on the Council’s website or ‘Report It’ app. To download the app, search 'Cheshire West and Chester' in either the Apple or Android app store.