In October 2019 a Sunderland man was ordered to pay over £12,000 after a hearing at Sunderland Magistrates Court.
He was prosecuted by the Environment Agency for operating outside the requirements of three exempt waste activities, including:
The man ran the operation site from Birtley and was also prosecuted for failing to safely store ninety-nine 45 gallon drums, which contained polluting, hazardous and combustible wastes. This was made additionally careless as the drums were located near to a ditch that runs into Rowletch Burn, and sits only a short distance from the main North South Railway line.
Even though the drums were initially fly-tipped on to his property, the man failed to take appropriate steps to remove the hazardous items. He stored them for several years outside in the open air without any regard to the risks to the environment and neighbouring premises, through spillage or fire.
The man ignored all of the advice and guidance provided to him by the Environment Agency and deliberately continued to operate his waste company in breach of the rules. He entered guilty pleas to the charges under the Environmental Permitting (England and Wales) Regulations SI 2016/1154 and the Environmental Protection Act 1990.
The defence told the Court that the man had gaps in his knowledge about operating the site and was keen to undertake training. He also intended to remove some of the offending waste from the site but had been prevented from doing so by a faulty clutch on one of his vehicles. In respect of the 99 drums of waste, they told the Court they had been fly-tipped on the mans land and he did not know what to do with them.
The Court found the mans operation of the facility without a permit as deliberate, and described his behaviour in failing to take the steps as unbelievable and "reckless at the very least".
He was fined £1,999, ordered to pay a victim surcharge of £120, and costs of £10,800.
Jamie Fletcher, Area Environment Manager for the Environment Agency said: "Our role as regulator aims to help protect the public, residents and the environment from situations that may potentially cause serious harm. The successful prosecution and level of fine shows how the Environment Agency is always looking to clamp down on unlawful activities, and will seek to bring to justice those individuals and businesses who aim to bend the rules."
