Kangs Solicitors has successfully represented a client facing allegations of contraventions of Section 33 Environment Protection Act 1990 and Regulation 38(1) Environmental Permitting Act (England and Wales) Regulations 2010 arising from an investigation conducted by the Environment Agency which commenced in December 2014.
John Veale of Kangs Solicitors reports upon the circumstances.
The Circumstances | Kangs Regulatory Team
- It was alleged that a waste management business which was expected to break open bales of waste, extract that which was suitable for use as refuse derived fuel and re-bale it for sale to electricity generating companies, had simply dumped unbroken bales at a number of unauthorised locations. The monetary value of such activity ran into many millions of pounds.
- The business was also allegedly in breach of the permit for the site where the processing should have taken place as it was over filled with bales that were not properly stored.
How We Assisted Our Client | Kangs Regulatory Offences Defence Team
- The allegations and all relevant material were examined in detail
- Detailed instructions were taken from our client
- Our client was advised as to the best manner in which to tackle the allegations
- Our client was accompanied at a number of interviews under caution.
Potential Penalties Upon Conviction | Kangs Regulatory Offence Advisory Team
- The Sentencing Council Guidelines differentiate between organisations and individuals and taking into account matters such as:
- Culpability, from deliberate to negligent/low or no culpability
- Harm, from pollution of a dangerous nature to risk of harm.
- When punishing a company, there are a number of criteria governing the levels of fine that can be imposed and which can vary enormously:
- A large company (turnover of £50 million) with deliberate culpability and category 1 harm could receive a fine with a starting point of £1 million, and a range of £450,000 to £3 million.
- A micro company (turnover of not more than £2 million) with low or no culpability and category 4 harm could receive a fine with a starting point of £200, and a range of £100 to £700.
An individual convicted of an offence:
- in the Magistrates’ Court can face an unlimited fine and/or a prison sentence of six months.
- in the Crown Court can face an unlimited fine and/or a maximum prison sentence of five years.
How Can We Help? | Kangs National Regulatory Solicitors
At Kangs Solicitors, we have a wealth of experience dealing with Environment Agency investigations and prosecutions and we are able to assist by:
- Formulating a reply to any notices received,
- Dealing with any general enquiries received,
- Advising on the regulatory regime and requirements generally,
- Advising on the steps to take to ensure that your business is compliant with the Environmental Protection Regulations,
- Providing representing at any interview,
- Defending prosecution of every nature brought for any regulatory breaches.
Our team can be contacted through any of the following, who will be happy to discuss your situation with you.