The Environment Agency has recently prosecuted a Lincolnshire man who illegally stored and burned waste at his site contrary to Environmental Permitting (England and Wales) Regulations 2016 and The Environmental Protection Act 1990, despite repeated warnings.  

Sukhdip Randhawa of Kangs Solicitors outline the circumstances.

The team at Kangs Solicitors has vast experience and is highly regarded nationwide for assisting clients facing allegations brought by all regulatory bodies including the Health and Safety Executive and The Environment Agency. Our award-winning team is recognised in both leading law directories, Chambers & Partners and The Legal 500.

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The Circumstances | Environment Agency Defence Solicitors

  • Although the defendant was an authorised waste carrier, he did not have any authority to burn it onsite. 
  • He had previously been warned, both verbally and in writing, not to burn the waste onsite but to take it to an authorised waste site for recycling or disposal.
  • In view of his continued breach of the regulations, he was issued with Statutory Notices which were also ignored. 
  • At the Hearing, the Judge ordered a suspended prison sentence together with various Community Order requirements.

Additionally, the Judge ordered a Confiscation Order under the Proceeds of Crime Act 2002

Official Comment | Kangs Environment Agency Solicitors

Following the case, Helen Clayton from the Environment Agency’s Waste North Team said:

‘Storing and burning waste in this way save the cost of legal disposal and put the environment at real risk.  This result should serve as a warning for others that we take illegal waste activity extremely seriously and we will take enforcement action against those that flout the law’.

How Can We Help? | Kangs Waste Management Advice Solicitors 

The team at Kangs Solicitors has substantial experience defending clients charged with offences involving waste disposal and alleged breaches of all aspects of the Environmental Protection Legislation.

The terms of an Environmental Permit can be detailed and complex as can the alleged breaches of the Environmental Permitting Regulations 2010 (i.e. breaches of the terms of the Environmental Permits).

As the legislation represents a complex area of law it is important to seek early expert advice and the team at Kangs Solicitors can provide detailed and experienced support throughout any investigation or prosecution.

Who Can I Contact For Advice? | Kangs Solicitors

If you are an individual or a company faced with the possibility of an investigation or prosecution in respect of any environmental issues of any nature, please do not hesitate to contact our team through any of the following who will be pleased to hear from you.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 0121 449 9888 | 020 7936 6396

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210