Richard Oakey, 31, of King Street, Ilkeston, was on 28 November 2016 sentenced to 30 weeks in prison at a hearing at Southern Derbyshire Magistrates’ Court after he pleaded guilty to ten offences of fly tipping in Derbyshire and Nottinghamshire between July and November 2015.
In cases which were brought by Ashfield District Council and Amber Valley Borough Council (who prosecuted on behalf of itself, Erewash Borough Council and Derbyshire Dales District Council), Oakey was prosecuted for 10 fly tipping offences across the four areas.
The case brought by Ashfield District Council follows the discovery of a fly tip by officers on 10 August 2016 in a layby on Felley Mill Lane North, Underwood consisting of a blue bed base, a blue plastic box and black bags of household waste.
Oakey advertised a waste collection service on Facebook, which he referred to as ‘tip runs’, advertising under different names including Rich O’Shea and Rich Stevens. He charged for this service and was technically running a business, attending addresses in his private vehicle and collecting waste, before fly tipping it across Derbyshire and Nottinghamshire.
Oakey attended three interviews under caution during the period of his offending and denied the offences, stating he did not fly tip the waste but accepted that he had collected it. He admitted to a number of the victims that he had fly tipped the waste and evidence of this was put to him in interview, he refused to answer those questions.
The clear up costs for all the Councils totalled £2,939.60.
Sentencing Oakey, District Judge Taaffe remarked: “These are serious offences which deserve the imposition of a custodial sentence.
“This is not a victimless crime, there were those who paid for your services and the community at large. There is a scourge of fly tipping in the country and the clear up costs amount to thousands of pounds for councils.
"It creates a visual eyesore in areas of the countryside that are used by members of the public who go there to enjoy it, affecting the quality of life of people who live and visit there.
“The message is that if you fly tip you run the real prospect of going into custody, councils will investigate and this court will back them up.
He added: "The scale of your offending is breath-taking and although it is not the worst case brought before this court your arrogance was such that you felt you could do whatever wanted and there would be no comeback.”
Oakey was also given a three-year Criminal Behaviour Order to prevent him from advertising or carrying out services of waste collection and disposal unless he is in possession of a valid and appropriate waste carrier’s license.
In relation to six offences committed before 15 October 2015 District Judge Taaffe sentenced Oakey to 12 weeks in custody to run concurrently on each offence.
In relation to four offences committed after 15 October 2015 District Judge Taaffe considered they were aggravated because Oakey knew he was under investigation at the time, and sentenced him to 18 weeks’ custody for each offence to run concurrently for each offence, consecutively to the 12 weeks.
This case follows the sentencing of Mr Kevin Turner and Mr Luke Waterhouse who were both convicted of fly tipping and transporting controlled waste without a licence at Mansfield Magistrates’ Court on Thursday 24 November 2016.
The pair had collected waste from an address on Abbey Road in Kirkby-in-Ashfield before fly tipping it on Coxmoor Lodge Farm, Farm View Road.
Turner and Waterhouse were each given a fine of £250, a costs order of £100 and victim surcharge of £30, totalling £380.
Also on 24 November 2016 Beverley Marshall was convicted of breaching a Community Protection Notice which had been issued in relation to a large build-up of waste in her garden and outbuildings at her property in Kirkby-in-Ashfield.
She was ordered to pay a fine of £100, a victim surcharge of £30 and costs of £70. She will also be liable for the clear up costs at her property undertaken by Ashfield District Council.
Cllr. Nicolle Ndiweni, Ashfield District Council Portfolio Holder for Community Safety Engagement, said: “Fly-tipping is an unsightly nuisance that costs taxpayers’ money and waste offences of this kind will not be tolerated under any circumstances.
“When we were elected, we assured residents of our commitment to even cleaner streets in Ashfield. Our commitment has not changed, along with our other pledges we have worked hard to deliver on our promises and will continue to build towards an even better district for us all.
“The success of this case is proof of the hard work and commitment of our officers who continue to tirelessly act on fly-tipping. By clamping down on offenders and prosecuting in cases such as this, this district will become a cleaner and safer place to live for all its residents.”