Sunderland man charged for running illegal waste operation
Mr Clifford Shee has fined for storing waste inappropriately and failing to maintain mandatory records.
Mr Shee had registered three waste exemptions at a site in Birtley and was found to have operated outside the respective conditions. Mr Shee was found to have:
- illegally stored mixed waste containing general waste and food stuffs;
- inappropriately storing hazardous waste; and
- failing to maintain complete waste transfer documentation between September 2017 and February 2018.
Mr Shee was also found to have failed to store 99 45 gallon drums. These contained polluting, hazardous and combustible waste. Additionally the drums were stored near a ditch running into the Roletch Burn. The storage was also only a short distance from a railway line.
An Environment Agency investigation found that although the drums had initially been fly-tipped on the property, Mr Shee had failed to take suitable action to remove them. The defendant also ignored advice and guidance provided by the regulator.
Breach
Mr Shee pleaded guilty to charges under Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 and section 33(1)(c) and section 34(5) and (6) of the Environmental protection Act 1990
- Regulation 38(1)(a) makes it an offence to breach Regulation 12(1), which prohibits the operational of regulated facilities except under and in accordance with an environmental permit.
- Section 33(1)(c) prohibits treating, keeping or disposing of waste in a manner likely to cause pollution of the environment or harm to human health.
- Section 34(5) enables regulations to be made requiring persons subject to the duty of care responsible for retaining documents and providing them on request.
- Section 34(6) makes it an offence to fail to comply with the duty of care, including the duty with respect to documentation above.
Penalty
Clifford Shee was fined £1,999 across two charges, ordered to pay a victim surcharge of £120 and costs of £10,800.
Trio convicted for fly-tipping waste
Three men have been convicted at Portsmouth magistrates’ court for fly-tipping offences in Havant.
Environment Agency officers identified that a field on Hulbert Road was being used to dump household and commercial waste, including waste forming around 40 different tips from many small vehicles.
The waste site caused problems for the environment with some of the waste catching fire, causing toxic smoke, and some entering the local stream. It cost around £100,000 to clear the site.
Penalty
The three men were each sentenced to 12 weeks’ imprisonment, suspended for 12 months, and ordered to pay between £1,000 - £1,500 in compensation.
Enforcement Undertakings accepted by the Environment Agency
The Environment Agency has published enforcement undertakings accepted under the civil sanction regime between 20 October 2018 and 22 May 2019. This includes;
Seearo Group Limited
The offence was operating a waste operation without or other than in accordance with a permit, an offence under Regulation 38(1) of the Environmental Permitting (England and Wales) Regulations 2016. The actions the offeror has taken or will take are to;
- Get an environmental permit;
- Obtain formal qualifications at management level;
- Adopt CL:AIRE protocols and obtain third party professional advice;
- Get the relevant registrations; and
- Cover the Environment Agency’s costs.
They will also contribute £5,000 to the Woodland Trust and £5,000 to the Wild Trout Trust.
Alvis Brothers Limited
The offence was operating a waste discharge activity without or other than in accordance with a permit, an offence under Regulation 38(1) of the Environmental Permitting (England and Wales) Regulations 2016. The actions the offeror has taken or will take are to;
- Remediate and restore the site;
- Do survey work, site improvements and infrastructure work;
- Update recording and reporting systems;
- Purchase equipment; and
- Cover the Environment Agency’s costs.
They will also contribute £35,000 to Bristol Avon Rivers Trust.
B Braun Sterilog Limited
The offences under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 were failing to register under Regulation 40(1)(a) and failure to take reasonable steps to recover and recycle packaging waste under Regulation 40(1)(b). The actions the offeror has taken or will take are to:
- Register with Pennine-Pak Compliance Scheme;
- Use a new recording and reporting system;
- Carry out annual reviews; and
- Cover the Environment Agency’s costs.
They will also contribute £3,103 to The National Trust.
Southern Water Services Limited (Newmarket WsW)
The offence was to abstract without a licence, or other than in accordance with a licence breaching, Section 24(1) of the Water Resources Act 1991. The actions the offeror has taken or will take are to:
- Monitor future abstractions;
- Change site control procedures;
- Improve abstraction procedures; and
- Cover the Environment Agency’s costs.
They will also contribute £25,000 to Sussex Wildlife Trust.
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