28/10/2026
Prosecutions following separate waste offences are serving as a warning that residents and businesses alike can face enforcement action if they fail to meet their legal responsibilities.
The two cases involved different waste-related offences under the Environmental Protection Act 1990. One prosecution followed the improper disposal of waste at recycling banks in Chislehurst, while the other related to a business's breach of waste duty of care requirements by failing to produce waste documentation. In both cases, Fixed Penalty Notices were issued but not paid, resulting in prosecution.
Both cases form part of the council's ongoing work to tackle waste crime and ensure that waste is disposed of responsibly. Residents have a duty to dispose of waste correctly, while importantly businesses are legally required to keep appropriate records showing how their waste is collected, transported and disposed of.
A council spokesperson said: “The vast majority of residents and businesses dispose of waste responsibly and comply with the law, which help ensure our streets and public places remain safer and rubbish free. Fixed Penalty Notices provide an opportunity to resolve issues without the need for more severe measures, with prosecutions always a last resort. These cases show however that ignoring a Fixed Penalty Notice and failing to pay can, and does, result in legal action.”
The spokesperson added: “Whether disposing of household waste or ensuring a business has the required waste documentation in place, we all have a responsibility to comply with the law and help protect the local environment.”
One prosecution followed an incident at the household recycling banks in Chislehurst, where CCTV footage captured waste being deposited incorrectly. Items were placed in the wrong recycling containers and additional waste was left on the ground, contrary to signage at the site explaining how the facilities should be used. Following enquiries with the DVLA, the registered keeper of the vehicle used was identified as Ekrem Balaj of Bromhedge, Mottingham.
A Fixed Penalty Notice for £200 was subsequently issued but remained unpaid. Appearing before the court, Ekrem Balaj pleaded guilty to the offence and received a six-month conditional discharge. He was also ordered to pay a £26 victim surcharge and £478 in costs, totalling £504.
In a separate case, a proactive audit of business waste arrangements was taking place across the borough, and Electronix Link Limited, a company operating from High Street, Penge, was contacted by the council. The council issued a notice requiring the company to produce documentation to demonstrate how its waste was being managed and disposed of. Following further correspondence, the company failed to provide the required documentation, and a Fixed Penalty Notice for £300 was subsequently issued to the company.
When the notice remained unpaid, legal proceedings followed. The company director, Vikki Walters, later pleaded guilty to the offence and the company was ordered to pay a £214 fine, an £86 victim surcharge and £150 in costs, totalling £450.
These cases highlight the importance of understanding and meeting legal responsibilities around waste. Residents can find information on disposing of household waste correctly, using recycling facilities and arranging bulky waste collections through the council's recycling webpage.
Businesses should ensure they have appropriate waste arrangements in place and retain the records required by law. Further information about legal waste duty of care obligations and commercial waste requirements is available on the council's business waste webpage.
Visit the 'Prosecutions' page on the council website to read more.
