A North Yorkshire man has received a suspended prison sentence for the illegal deposit of waste on the River Swale flood plain.
In a case brought by the Environment Agency, the man appeared at York Magistrates' Court, where he pleaded guilty to operating an illegal waste activity and an illegal flood risk activity by depositing over 2,400 tonnes of excavation waste within the flood plain.
He was sentenced to 12 weeks in prison, suspended for 12 months, and was served with a court order to remove the waste to reduce flood risk. He was also ordered to pay costs of £9,500 and a victim surcharge of £115.
The court heard that in 2017 and 2018 excavated waste was transported to land known as the Catterick Complex from nearby housing developments, unbeknown to the house builders. The waste was tipped beside the river to form unauthorised flood defences to protect commercial fishing lakes owned by the man.
The downstream village of Catterick flooded in 2012 and has since benefitted from a £6 million Environment Agency flood alleviation scheme. The Environment Agency regulates works near main rivers, and their flood plains, to ensure that any changes do not increase flood risk to others or damage important riverside habitats.
The illegal dumping of excavation waste at the Catterick Complex could displace or deflect flood water elsewhere, increasing flood risk. The man refused to remove the waste when directed by the Environment Agency.
Paul Glasby, the Environment Agency's Investigating Officer, said: "Due to climate change flooding is becoming more frequent and severe and it’s important that landowners and businesses are aware of the legal restrictions for working in or near main rivers".
Glasby stated that before doing so, they must first gain authorisation from the Environment Agency so they can ensure that changes do not increase flood risk to others or damage the environment. But the man showed a "blatant disregard for the law and the community around him".
"Building unauthorised flood defences or conducting unauthorised works in a flood plain is a serious criminal offence and we are determined to take action to protect flood prone communities and the environment".
During sentencing, Deputy District Judge Garland said the man was given "repeated warnings" and told him: "It’s clear that there was a deliberate disregard for the rules in the way you went about your business, creating a potential risk".
The company which transported the waste to the Catterick Complex, Greenford Haulage & Aggregates Ltd, has previously been subject to an Enforcement Undertaking, donating £30,000 to Yorkshire Dales Rivers Trust.
