Successful Outcome in Environment Agency Case
KANGS has successfully assisted a company director and his business against proceedings brought by the Environment Agency in relation to the Environmental Protection Act 1990 (‘the Act’).
A company that acquired land from a waste management firm soon found itself facing a significant environmental clean-up. This unexpected challenge brought both financial and operational difficulties for the new land owner.
Sukhdip Randhawa of KANGS explains the circumstance and how a successful outcome was achieved.
The Circumstances
Our client purchased the land through his company, which was, at the time of purchase, occupied by a company conducting waste management activities.
Officers from the Environment Agency had revoked the Environmental Permit held by the Vendor waste management company and requested the removal of excessive waste from the site. The company ignored this request, abandoned the site, and eventually went into liquidation.
Having purchased and assumed responsibility for the land, our client company received site visits from Environment Agency Officers followed by a letter which stated:
‘I would remind you that in certain circumstances we can serve a notice under Section 59ZC of the Environmental Protection Act 1990 to require you as the landlord to clear illegally stored waste’.
In due courses, court summonses were served upon both our client and his company for failing to remove the waste in question.
The Relevant Law
The Environmental Protection Act 1990 provides:
Section 59ZB
The authority may, by notice, require the occupier to do one or both of the following:
- remove the waste from land within a specified period of not less than 21 days beginning with the service of the notice;
- take within such a period specified steps with a view to eliminating or reducing the consequences of the keeping or disposal of the waste.
A person on whom a requirement is imposed may, within 21 days appeal against the requirement to a Magistrates’ Court.
If a person on whom a requirement has been imposed fails, without reasonable excuse, to comply with the requirements that person is liable, on summary conviction to a fine.
Furthermore, where a person on whom a requirement has been imposed fails to comply with the requirement, the authority may do what that person was required to do and may recover from that person any expenses reasonably incurred by the authority in doing it.
How We Assisted Our Client
Prior to instructing KANGS, our client, the director, had attended a voluntary interview without supporting legal representation and made admissions concerning the circumstances.
By way of preparation for the court proceedings, the Team at KANGS:
- obtained and thoroughly examined all relevant documents including the Prosecuting Authority’s file,
- met with our client to discuss the circumstances leading to the prosecution, taking comprehensive instructions. Advised upon the appropriate course of action to protect both his and his company's interests, considering the admissions he had made,
- conducted discussions with the Prosecuting Authority which successfully resulted in it being agreed that no evidence would be offered against our company director client personally.
- prepared a very detailed Defence Mitigation Bundle.
The Defence Mitigation Bundle focused on, amongst other things:
- the conduct of the Environment Agency; allowing waste to accumulate which was well beyond the permitted level,
- the totally reasonable expectation that the defaulting Vendor company would reduce the waste to comply with the issued Permit,
- the Vendor company had disappeared without paying any rent,
- our client company had to meet the extreme costs of clearing the site,
- our client company had mitigated the immediate danger by removing inflammable waste and ensuring that the remaining soil was not hazardous.
The Hearing
The Prosecution maintained:
- our client company’s culpability was high in that there was an elevated risk of fire, a serious risk of pollution, and potential water contamination,
- there were aggravating features in the continuing failure to comply with terms of the Notice,
- the only mitigation was the acceptance in interview of the company failings by our client, the company director.
The Successful Outcome
After considering the detailed mitigation prepared and presented by the Team at KANGS, the Magistrates accepted our client position and imposed a fine on the company of £806, along with a victim surcharge and full payment of the prosecution costs.
Had the Magistrates accepted the position maintained by the Prosecution, our client could quite easily have received a fine running into tens of thousands of pounds.
Our very relieved client commented:
We would like to thank KANGS, especially Sukhdip, for their service and professionalism. They put us at ease explaining everything to us… I would highly recommend KANGS Solicitors, you will not be disappointed with their service. We had an excellent outcome.
How Can We Help?
KANGS offers extensive knowledge and experience in Regulatory Law, including Health and Safety and Environment Agency offences of every nature. We have a proven history of defending a diverse range of clients, from individuals to large corporations, over many years. Our solicitors are well-versed in the Environmental Protection Act 1990 and its implications.
Our skilled Team offers comprehensive advice and support throughout the entire criminal process, from the initial intervention by the relevant authorities to enforcement. This includes assistance during interviews under caution and ongoing support through the criminal courts. Our commitment to excellence has earned us a distinguished national reputation.
Please feel free to contact any of the Team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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