A MAN from Pontypool must pay more than £3,000 in fines and court costs after waste 'under his control' was found fly-tipped.

Brian Walker, who runs a waste collection service, was found guilty at Newport Magistrates' Court of breaching the Environmental Protection Act 1990.

Walker, who trades as AKA Gardening and Clearance, was hired by a homeowner to remove and dispose of waste.

But magistrates were satisfied that, having advertised his services on Facebook, Walker did not satisfy his duty of care (to properly dispose of the waste).

Torfaen County Borough Council said the incident exposed the potential pitfalls of hiring low-cost clearance services.

“We’d like to remind anyone thinking about having any waste collected to be extra vigilant when replying to adverts," said Torfaen councillor Fiona Cross, executive member for environment.

"If the company are offering low cost garden or waste clearance services make sure you ask them for their waste carriers licence and details of where your waste will be going when they arrive."

The council said that in Walker's case, the waste had been found by Bron Afon’s community environmental team, dumped outside garages near a local nature reserve in Pontnewynydd.

Under the Environmental Protection Act 1990, anyone who produces or handles waste must take all reasonable steps to ensure that this waste is managed properly.

“Luckily the people who hired AKA Gardening [and] Clearance could prove that they had been mis-sold a service," said Cllr Cross.

"Otherwise they would have been at risk of receiving a £300 fixed penalty or of being prosecuted and receiving a fine of up to £5,000.

"You have a duty of care when it comes to managing your waste, so make sure you protect yourself.”

Walker was fined £1,000, with costs of £1,893.25 being awarded to Torfaen council. He must also pay court costs of £400, and a victim surcharge of £100.

To find out more about your duty of care regarding waste disposal, visit

dutyofcare.wales