Custodial sentence and £330,000 penalty for illegal wood waste facilities
Between June 2010 and October 2011 Christopher Theaker, trading as Theaker Recycling Ltd, operated four illegal wood waste facilities across Sheffield and Mansfield.
Wood waste was received at the sites, stored and chipped. None of the sites were subject to a suitable environmental permit authorising these waste operations and terms of waste exemptions registered for the sites were being breached.
Between June and August 2010 the Environment Agency identified that the company was processing inappropriate waste wood outside an appropriate permit and quantities received exceeded that permitted by a registered exemption. Officers informed Mr Theaker of this issue and ultimately revoked the exemption following warnings. This issue would arise three more times, with the Environment Agency serving notices to clear each sites before Mr Theaker set up elsewhere.
During the illegal operations numerous complaints were received regarding dust and contaminated waste wood was observed at two of the sites on attendance by Environment Agency officers.
On 7 January 2014 a nine month custodial sentence was given and Mr Theaker was ordered to pay £250,000 in confiscation under the Proceeds of Crime Act 2002, a further £80,000 in costs and £120 victim surcharge.
In England and Wales the T6 (Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising) waste exemption allows certain treatments of specified types of waste wood, provided that the included conditions are met.
Wood waste treatment operations outside the terms of this exemption or beyond the thresholds set must be subject to an environmental permit under the Environmental Permitting (England and Wales) Regulations 2010, as amended.
Bonded warehouse receives fine for pollution of the River Ayr
A bonded warehouse in Ayrshire has been fined after a spill resulted in approximately 5,000 litres of 67% whisky spirit being received by the River Ayr.
On 6 September 2011 a tanker was delivering 27,500 litres of whisky spirit to the warehouse in Catrine. This tanker was unloaded to the site’s external tanks via remotely controlled valves. During unloading an employee saw liquid being sprayed from a tank and pumping was stopped immediately.
Although the external storage tanks were within a bund a drain valve installed had been left open. Of approximately 6,600 litres spilt, around 5,000 litres escaped the bund and was received by the River Ayr.
The SEPA reporting officer stated that contingency arrangements to prevent pollution had been inadequate, although the site’s proximity to the river should have made these a priority. High level alarms fitted to the tanks were reportedly routinely ignored by operators and gauges and alarms to warn when the tanks were 92% full had not been connected to the control system.
The warehouse was fined £12,000 for breaches of Regulation 4 and Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and Section 20(3)(a) of the Water Environment and Water Services (Scotland) Act 2003.
Section 20(3)(a) of the Water Environment and Water Services (Scotland) Act 2003 permits the Scottish Ministers to make regulations for activities liable to cause pollution of the water environment. The Water Environment (Controlled Activities) (Scotland) Regulations 2011 were made under this Act.
Regulation 4 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 prohibits unauthorised direct or indirect discharges to all surface waters, groundwaters and wetlands. Under Regulation 44(1)(a) it is an offence to contravene Regulation 4.
Lorry driver fined for unauthorized waste tyre disposal
A driver of curtain-sided lorry has been fined for the dumping of used vehicle tyres.
An investigation by the Northern Ireland Environment Agency identified that the driver had been observed parked adjacent to a bonfire site in Belfast, when a number of used vehicle tyres were dumped.
The driver subsequently pleaded guilty to one count under Article 4.1(a) and one count under Article 4.1(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997. The driver was fined £200 on each count.
Article 4.1(a) prohibits the deposit of controlled waste, or to knowingly cause or permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence.
Article 4.1(b) prohibits the treatment, keeping or disposal of controlled waste, or knowingly causing or permitting controlled waste to be treated, kept or disposed of (i) in or on any land; or (ii) by means of any mobile plant.
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