Water company convicted for failing to provide records requested by the Environment Agency
Anglian Water Services Ltd has been convicted of failing to provide information that was requested by the Environment Agency.
The case was brought by the Environment Agency against Anglian Water Services Ltd, which arose from a wider criminal investigation involving all ten water companies into potential non-compliance with environmental permit conditions at over 2,000 wastewater treatment works.
The Environment Agency served several statutory requests for records on Anglian Water Services Ltd. The company was convicted of failing, without reasonable excuse, to respond to one of these notices between dates in January 2022 and January 2023.
Anglian Water Services Ltd had entered a not guilty plea to the charge, claiming that they had a reasonable excuse for non-compliance. However, having heard the evidence in the case, the District Judge rejected that claim.
Breach
Anglian Water Services Ltd was convicted on one count of failing, without reasonable excuse, to comply with a requirement imposed under Section 108 of the Environment Act 1995, contrary to Section 110(2)(a):
- Section 108 provides powers to persons authorised by enforcing authorities. This includes the power to gather information, take samples and to require information to be provided.
- Section 110(2)(a) defines offences under the Act.
Anglian Water Services is due to be sentenced in July 2024.
Man illegally stored waste near his home
A man has been fined for illegally storing waste in Somerset.
The man had registered two waste exemptions for the site in Blackdown Hills, Somerset:
The T9 exemption allowed for the treatment of specified types and quantities of scrap metal, excluding scrap vehicles, at a site with sealed drainage to prevent liquid run off.
Enforcement officers attending the site in January 2023 found waste including end of life vehicles and parts, a significant quantity of mixed metal, mixed waste electronic equipment as well as general commercial and domestic waste. Despite the requirements of the exemptions, there was no sealed drainage.
During previous site visits, officers had attempted to secure voluntary removal of the waste and the man had said he wished to clear the site. However, this did not take place and the officers issued him enforcement notices giving him until the end of the year to do so.
However, in January 2024, officers returned to the site and found waste still present, including a large amount of scrap metal and vehicles, gas bottles, batteries, wood, tyres, rubble and commercial and domestic waste, some of which was in skips. In addition, there was a smell of oil contamination in one area. Since then, the site has virtually been cleared of waste.
Breaches
The man admitted two charges of failing to comply with notices requiring the removal of waste from his land.
Penalty
The man was fined £1,200 (£600 for each offence) and ordered to pay £1,000 costs and a victim surcharge of £480.
Man from County Durham fined for illegally transporting waste
A man has received a five-figure fine after he was found to have illegally transported waste.
The man was found to have transported 25,000 tonnes of waste to unknown locations without a waste carrier’s registration. Waste carriers must hold a carrier’s registration and abide by the waste duty of care. The man’s registration expired in July 2020. Waste transfer notes (for non-hazardous waste) and consignment notes (for hazardous waste) must document waste movements, outlining where the waste originated, who transported it and where it was taken.
Between September 2020 and September 2022, the man’s company (B&S Recycling) collected 170 loads of waste from two sites in Tyne and Wear.
The defendant was served a notice by the Environment Agency which required the man to provide information on where each of the 170 loads had been deposited by 31 October 2022. No response was received.
In October 2022, the Environment Agency officer spoke with the defendant, who denied that any waste had been deposited at his own County Durham site, claiming it had been mixed with mag-lime and spread on farmers’ fields.
Penalty
The man was fined £4,250 and ordered to pay £5,650 in costs and a victim surcharge.
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