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Updated Jan 24, 2020

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Woman given custodial sentence for Hernhill waste crime

A woman from Kent, whose family business was running an illegal waste operation, has been given a total of 30 weeks custodial sentence.

The woman helped her father and sister run the operation for two years at their farm near Faversham. The Environment Agency prosecuted the family after obtaining evidence that 135 lorry loads of soil and builders waste were dumped and treated at the farm in Hernhill between 2014 and 2016. The work required an environmental permit, which it did not have.

In April 2015 officers from the Environment Agency and Kent Police raided the farm following a number of reports of waste being tipped there. Officers found many large piles of waste soils and rubble, as well as machinery for processing it.

During the trial at Maidstone Crown Court in March 2019, the court heard from an expert witness that the volume of materials on the site had increased by over 40,000 cubic metres between January 2011 and September 2015. This equates to roughly 53,000 tonnes of material. The jury found the family guilty of breaking environmental law.

Both a lorry driver and the owner of a building supplies firm gave statements to the Environment Agency, saying that the father was their main contact at the farm, despite him saying in interview he did not encourage firms to drop waste there.

At the hearing this month,  the court heard how the woman who owned part of the farm, allowed her father to use the farm to deposit and treat the materials, against the law. She was given a 26 week custodial sentence for one count of breaching the Environmental Permitting (England and Wales) Regulations SI 2010/675. Due to failing to appear at court for sentencing, she received a 4 week custodial sentence, both to be served consecutively for a total of 30 weeks.

A warrant remains in force for the arrest of her father for also failing to attend court for sentencing in March. In July 2019 the sister was sentenced to six weeks in prison, suspended for two years. She was also given 28 days in jail for breaching the terms of her bail by not attending court in March, but walked free from court having already served more than half of this amount.

Each family member was convicted of breaching the Environmental Permitting (England and Wales) Regulations SI 2010/675.

Alan Cansdale, Environment Manager for the Environment Agency in Kent, commented that this was a deliberate breach of the law. The family all knew their actions amounted to a criminal offence, but still allowed waste to be dumped, kept and treated at the farm for a number of years, with no permit from the Environment Agency. He added that this illegal activity affected the public's enjoyment of the area, as a footpath ran through the site.

"To help us take enforcement action, like we have in this case, we encourage legitimate waste operators and the public to report any suspicious waste operations on 0800 807060".


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