Suspended jail term for HGV driver following 80-tonne fly-tip

5 July 2017

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A fly-tipper caught red-handed dumping an estimated 80 tonnes of rubbish in South Derbyshire has been given a six-month suspended jail sentence.

Following a tip-off from a member of the public, Ciprian Clain was spotted by police illegally discarding the processed non-recyclable waste on land at Cadley Hill, Swadlincote, in August last year.

The 15-tonne HGV he was using was detained and handed over to South Derbyshire District Council, which used new powers given to local authorities to formally seize the vehicle.

The truck will now be sold and the money raised used to refund up to £15,000 to the landowner left with the clean-up bill.

The case against Clain, 35, of Dagenham, who also had his sat-nav and mobile phone seized on the day of the crime, was brought following a joint investigation involving Derbyshire Police and the district council’s Safer Neighbourhood Wardens.

A local business was able to provide CCTV footage of Clain making a previous visit to the site, when he was believed to have cut the locks on access gates and replaced them with this own, giving the false impression that the site was secure.

An arrest warrant has been issued in relation to another individual believed to be involved in the organisation of the offence.

Councillor Peter Watson, Chairman of the Council’s Environmental and Development Services Committee, said: “This case shows that we will work diligently with other agencies and use all means available to bring to justice anyone who thinks they can defile our local environment.

“Thankfully, criminally organised large-scale fly-tipping like this is rare, but we would like to stress that we will not tolerate any cases of illegally dumped waste as we continue to work hard to keep South Derbyshire clean, green and safe.”

Derbyshire Police’s Inspector Kate Bateman, who is in charge of policing for South Derbyshire, said: “While responsibility for the investigation and prosecution of fly-tipping offences sits with local councils, we are more than happy to work with them.

“We fully understand how costly this issue can be for landowners and how much of a blight it is on the environment.

“South Derbyshire is a safe and beautiful place to live, work and visit and we are determined to work with all of our partners to keep it that way.

“As such we are really pleased with this prosecution.”

Clain, who was dealt with by Derby Crown Court sitting at Southern Derbyshire Magistrates' Court, admitted a charge of deposition of controlled waste on land without an environmental permit, contrary to Section 33 of the Environmental Protection Act.

He was also told to complete 120 hours of unpaid work.