Biffa Waste Services Ltd has been ordered to pay £1.69 million after being found guilty of breaching legislation over the export of mixed paper to Asia in 2018 and 2019.
It is the second legal action of its kind in as many years for the waste company, which has found itself outside the law on which materials can be exported to developing countries. The latest breach involved rolling contracts to send vast amounts of waste to India and Indonesia. Material exported illegally included 50,000 tins; 40,000 plastic bags; 25,000 items of clothing; 3,000 nappies – and even a frying pan, condoms and a souvenir New York t-shirt.
Inspecting the waste, investigators recorded "a strong putrid" smell and an "acidic aroma."
Biffa said the prosecution brought by the Environment Agency had not been in the public interest, a statement removed from its website after sentencing. They have since stated: "We take our responsibility for environmental stewardship very seriously and we accept the court's judgment. We no longer export waste paper outside the OECD and will carefully review our processes to ensure they fully meet the implications of this judgment."
Judge Shane Collery QC told Wood Green crown court Biffa had shown no contrition and that the breach in export law was "reckless, bordering on deliberate." He went on to say that he found the company's previous comments about being picked on by the Environment Agency and no public interest served in being prosecuted a second time as "aggravating and unattractive".
In a statement, Malcolm Lythgo, head of waste regulation at the Environment Agency, welcomed the conviction. "We are pleased with the court's decision. We want all producers and waste companies to be responsible and make sure they only export material that can be legally and safely sent abroad for recycling.
"Illegal waste exports blight the lives and environment of those overseas. The Environment Agency will not hesitate to take appropriate enforcement action against those found to break the rules."
Mr Lythgo also said that the regulator was working with the Government on several measures to tighten controls, including charging higher fees to improve compliance and the increased monitoring of international waste shipments.
Biffa Waste Services Ltd were convicted of four breaches of the Transfrontier Shipment of Waste Regulations SI 2007/1711, fined £1.5m with costs of £153,827.99 and a proceeds of crime order of £38,388.
Biffa's previous conviction in September saw a fine of £350,000 with costs of £240,000 and a proceeds of crime order of £9,912, for sending contaminated household waste, described as waste paper, to China between May and June 2015.
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