Three men banned from acting as company directors following waste offences
Three men from the North East of England have been sentenced after they were found to have allowed unpermitted and misdescribed waste to be deposited on their firm’s land at Bishop Auckland to avoid the costs of legal disposal.
The three men were company directors of the Viridis Group Ltd, which had two environmental permits for a waste transfer station and a soil from waste manufacturing facility in Eldon, Bishop Auckland. The company ceased trading at the end of 2018.
On 21 February 2017, Environment Agency officers visited the site and saw a vehicle attempting to deposit shredded mixed waste next to an area designated as the soil manufacturing facility. Paperwork from the driver described the waste as ‘soil’, which would attract a lower rate of landfill tax. Officers stopped the misdescribed waste from being tipped and noted that around 17,000 cubic metres of shredded waste products, rather than soil, was on site. This was a breach of the company’s permit. The area holding the waste was also not suitably engineered to manage polluting wastes.
Investigations found the waste misdescribed as soil came from Lincolnshire, Lancashire, Staffordshire, Cumbria and Scotland.
In April 2017 the Environment Agency issued an enforcement notice requiring that the illegal waste was removed. This notice was not complied with. In the months that followed the waste started to smell and produce a leachate, impacting on the environment.
breaches
The first man pleaded guilty to failing to comply with an enforcement notice.
The second man pleaded guilty to failing to comply with an enforcement notice and a separate charge of neglecting to ensure the company complied with its own management systems regarding pollution prevention.
A third man, who had previously pleaded guilty to failing to comply with an enforcement notice, consenting to the company not complying with its own management systems in relation to pollution prevention and a third change of consenting to receive and deposit waste not authorised by the permit.
Penalties
The first man was fined £700, ordered to pay costs of more than £5,000 and a £70 victim surcharge.
The second man was fined £1,174, ordered to pay £5,500 in costs and a victim surcharge of £66.
The third man was fined £640, ordered to pay costs of more than £5,000 and a victim surcharge of £34.
All three men were also banned from acting as company directors for five years.
Enforcement undertaking leads to charity donation by Doncaster manufacturer
Caswick Ltd entered into an enforcement undertaking agreed with the Environment Agency after it was found to have failed to register as a packaging producer and had not taken appropriate steps to recover and recycle its packaging waste.
Caswick Ltd was found to have failed to meet its obligations under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 in 2012, 2014, 2015, 2017, 2018 and 2019. The company manufactures access and sealing products for the drainage and construction industries. Their products include manhole step ladders, manhole entry points and sealant strips.
Enforcement undertakings present an alternative enforcement measure to prosecution or a monetary penalty for a range of environmental offences. The Environment Agency may elect to accept or reject enforcement undertakings offered by individuals or firms who have breached their legal obligations.
Breaches
Caswick Ltd was found to have breached Regulation 40(1)(a) and Regulation 40(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 in 2012, 2014, 2015, 2017, 2018 and 2019:
Enforcement Undertaking
The enforcement undertaking consisted of a payment of £7,450 to the Lincolnshire Wildlife Trust, towards its Crowle Nature Reserve and Epworth Nature Reserve projects.
Caswick is now understood to be complying with the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Enforcement undertaking agreed and monetary penalties issued after excessive amounts of sewage sludge were spread on land
An enforcement undertaking has been accepted from a company who spread excessive amounts of sewage sludge on land contrary to the Environmental Permitting (England & Wales) Regulations 2016.
Variable monetary penalties (VMPs) have been issued totalling over £10,000 to two other companies for breaches of the Nitrate Pollution Prevention Regulation 2015.
Breaches of the permitting regime
Sanderson Environmental Ltd was found to have breached conditions of their environmental permits for two fields at Highwood Farm, near Rossington, Doncaster. This follows an investigation which began in 2017.
When officers from the Environment Agency inspected the farm to check that the environmental permits were being complied with, they found excessive amounts of sludge had been imported.
The Environment Agency also found that spreading had occurred to land on a large scale without notification to the Environment Agency. Enquiries revealed that the sewage sludge had not been treated prior to spreading.
When challenged by the Environment Agency officers Sanderson Environmental Ltd eventually stopped operating and all remaining stockpiled sewage sludge was removed. A crop of contaminated peas planted in error by the landowners was destroyed.
Enforcement undertaking
Sanderson Environmental Ltd paid costs of £8,137.36 and made a donation of £30,000 to the Land Trust, a registered charity that works to improve former coalfield sites across Yorkshire.
Breaches of the nitrate pollution prevention regime
As a result of the Environment Agency investigation, two companies who own the fields in question were issued VMPs for breaching legal obligations on the prevention of nitrate pollution prevention.
Penalties
Sutcliffe Farmers Limited paid £7,521.54 and Senviro Limited paid £2,507.73, with each also paying costs of £8,137.63.
A VMP is a proportionate monetary penalty for more serious cases of non-compliance.
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