Director fined for abandoning waste site
A sole director of a liquidated waste management company has pleaded guilty for breaching conditions of an environmental waste permit.
Between October 2016 and November 2017, Environment Agency officers visited the site in Ludlow and it was clear that too much waste was being accepted. Large amounts of waste, including domestic and commercial waste was being stored on the ground, outside of buildings and not in containers. Storage practices were in breach of permit conditions.
Several reports were issued to LMS Skips Limited, notifying them of permit breaches.
Unbeknown to the Environment Agency, Mr Wells had abandoned the site on 11 September 2017. It subsequently became a fly tipping hotspot. Neighbouring units suffered with pest issues due to the volumes of waste.
Penalty
The director was fined a total of £1,272 (£636 per charge), ordered to pay a victim surcharge of £127 and a contribution to prosecution costs of £500
Breaches
LMS Skips Limited was charged for breaching three permit conditions, contrary to Regulation 12 and Regulation 38 of the Environmental Permitting (England & Wales) Regulations 2016. Regulation 41 was also contravened.
- Regulation 12 requires that persons do not operate regulated activities, water discharge activities and groundwater activities unless authorised by and in accordance with an environmental permit.
- Regulation 38 defines offences, including contraventions of Regulation 12(1).
- Regulation 41 make officers of bodies corporate guilty of offences as well as the body, if this was committed with consent or connivance of an officer or is attributable to neglect on any part of the officer.
Directors of waste company prosecuted regarding permit breaches at two waste sites
A father and two sons have been prosecuted for breaching environmental permit conditions at two waste sites in Leigh and Bolton.
The Bolton site was investigated over a period from 28 June 2014 to 27 February 2016 (Chadwick’s ceased trading in 2016) as it was not operated to minimise risk of pollution. The site also exceeded maximum waste height limits. An investigation found that waste stored had increased in height to 5m. The volume of waste present was preventing it being processed efficiently and preventing vehicles from moving around safely.
Other pollution risks identified concerned were fires and odour. There were a total of 172 odour reports from 2014 to when the Bolton site closed. Eight fires were reported between 2006-2013 and on inspection with Greater Manchester Fire and Rescue Service it was clear fire risks were not managed in accordance with fire prevention plans.
The fundamental problem with both sites, which resulted in the prosecution, was they consistently brought more waste on than was removed, apparently for financial reasons.
SC Chadwicks and Sons Ltd abandoned the Bolton site, leaving Bolton Council to clear it at an estimated cost of £2.7 million.
Charges
Two of the men pleaded guilty to three charges: one for the permit breaches over time at the Bolton site and an identical one for the Leigh site and a failure to comply with an enforcement notice at the Leigh site.
The other man pleaded guilty to the charges related to the Leigh site.
Penalties
Two of the men were each given a 10 month sentence suspended for 18 months as well as two 14 week sentences each suspended for 18 months.
The other man was given two 14 week sentences suspended for 18 months.
Cheese supplier fined for watercourse pollution
Alvis Brothers Ltd has been sentenced in connection with pollution offences from their Lye Cross Farm facility in 2019. The company has had a long history of environmental offending, with previous formal caution and warning letters from the Environment Agency.
Lye Cross Farm supplies cheese to major supermarkets including Waitrose, Marks and Spencer and Sainsbury, and exports to more than 40 countries around the world.
On 28 June 2019 Environment Agency officer attended Lye Cross Farm following a report of slurry pollution to a tributary of the Congresbury Yeo near Cheddar. The source of the pollution was traced to run off from a heap of farmyard manure at the farm. The run-off had entered a surface water drain that led to the stream and more than half a kilometre was polluted.
Alvis Brothers Ltd had built a basic bund to contain the run-off. However, when the environment officers visited, the effluent was leaking from the bund, contaminating the watercourse.
Assessments by the Environment Agency the following week found a chronic impact on the aquatic invertebrates living downstream of the farm, while sensitive species, indicating a good water quality, were only found upstream.
Breaches
Alvis Brothers Ltd plead guilty to breaching Regulation 12 and Regulation 38 of the Environmental Permitting (England & Wales) Regulations 2016:
- Regulation 12(1)(b) requires that persons do not operate regulated activities, water discharge activities and groundwater activities unless authorised by and in accordance with an environmental permit.
- Regulation 38 defines offences, including contraventions of Regulation 12(1)(b).
Penalties
Alvis Brothers Ltd was fined £27,000 with costs of £8,003.02 and a victim surcharge of £181.00.
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