Two men who illegally stored and burned waste, after repeatedly ignoring warnings from the Environment Agency, have been sentenced to 8 months in prison, suspended for two years, and each ordered to perform 100 hours of unpaid work.
The pair who had previously pleaded guilty, were ordered to pay £4,900 in costs at Northampton Crown Court following an investigation by the Environment Agency.
They had both been storing and burning waste without environmental permits at a site on the edge of the village of Boughton, when nearby residents reported toxic fumes and flames coming from the Boughton Springs site.
During the lockdown of Spring and Summer 2020, witnesses reported thick, dense smoke which was smelly, acrid and very toxic. Reports of fires that were "frequent and troublesome" and smoke with a "very unpleasant odour" were also reported.
Neighbours explained they were unable to sit in their gardens, hang out the washing, or open their windows, and one elderly neighbour experienced breathing difficulties when fires were in progress.
Environment Agency officers visited on several occasions to warn and provide advice on what material could be burnt legally, but the pair continued to burn material without permission and to store mixed waste illegally on the site.
In February 2021, officers visited unannounced after further blazes were reported, and they found a fire made up of green waste in plastic bags, laminated wood, furniture, cans and other general waste. They described the smoke from the fire as black with a "toxic" smell.
Piles of items included:
Much of the waste was stored on bare ground, risking contamination of soil and water, creating an odour problem, and attracting flies and vermin.
In July, the pair were still storing illegal mixed waste in defiance of officers' advice. The Environment Agency had no alternative but to prosecute.
Environment Agency prosecutor, Sarah Dunne, commented that they had tried to work with the men to help them comply, but "their activities had harmed the environment, impacted upon lawful competitors and undermined the Environment Agency’s attempts to regulate and protect the environment".
Sentencing Wells and Hancock, Her Honour Judge Lucking QC, said: "If the pair were back before the court for further environmental offences, they risked immediate custody. They had demonstrated a ‘resistant attitude’ to the Environment Agency and a ‘flagrant disregard’ for the law".
Paul Salter, Environmental Crime Officer at the Environment Agency, said: "This burning of waste blighted the community throughout lockdown, causing residents misery. The men were advised on many occasions as to how to store and safely manage their waste but refused to comply".
"The burning of waste must be done in a sustainable and properly managed way that mitigates any impact on the local community. This was not done in this case".
