Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Environment Agency, Waste Management & Waste Disposal
Kangs Solicitors has considerable experience in advising corporate clients, directors, employees and individuals in relation to investigations and prosecutions by the Environment Agency (EA).
We are able to advise clients in relation to regulatory investigations and prosecutions brought by the Environment Agency.
The legislation in this area is fast moving. Corporate and individual clients need to be aware of their responsibilities and duties.
The Environment Agency has a wide array of powers from issuing enforcement and works notices, suspending or revoking environmental permits to undertaking remedial works and recovering the costs of such work from the company or individual responsible.
In addition, if the matter results in the Environment Agency bringing a prosecution, the Court has the power to impose not only custodial sentences for this type of offence but also levy extremely large financial penalties against the company and/or the individual.
We have acted in numerous Environment Agency investigations and our experience shows that it is important to meet at an early stage to discuss all the potential options and then formulate a defence strategy that will serve the client well throughout the investigation stage and any court proceedings that may follow in due course.
At Kangs Solicitors we can assist clients in defending allegations such as:
- breaches of environmental permits, exemptions, registrations & licences
- water pollution
- land contamination
- unlawful disposal/dumping of hazardous substances (asbestos, harmful chemicals, radioactive material)
- fly tipping
Waste Management | Waste Disposal
We have particular experience of dealing with cases involving the waste disposal industry and instances of alleged breaches of the Environmental Permitting Regulations 2010 (i.e. breaches of the terms of the Environmental Permits).
The terms of the Environmental Permit can be detailed and need to be fully understood properly before it can be assessed as to whether there has been any breach at all. On occasions we may be able to demonstrate to the Environment Agency at an early stage in the investigation (through expert evidence or otherwise) that the terms of the Environmental Permit have not been breached, thereby resulting in an early resolution to matters.
This is a complex area of law and there are many factors that need to be considered when formulating a defence strategy. Below are some initial matters for consideration with more detailed matters to be followed up depending on the individual facts of each case:
- what is the legal definition of waste?
- who is the onus on to prove that the substance is actually waste or not?
- can the waste operator apply for an Exemption from the Permitting Regime?
At Kangs Solicitors we can assist with such details and ensure that the appropriate defence strategy is adopted in each case.
We will provide proactive advice and assistance to include representation at any interview under caution with the Environment Agency and representation at any subsequent court proceedings.
We welcome new enquiries by telephone or email and we are happy to provide an initial no obligation consultation to explore the issues in your case and to provide an assessment of what we can do to assist you.
The exceptional Kangs Solicitors
They have a very good work ethic and are very well organised. Superb service
They have considerable strength and depth and really cater for the needs of their clients. They are also very commercially aware
Nothing is ever not done
The article posted to this website on 10 July 2020 entitled ‘Confiscation Orders | The Assumptions’ focused upon various factors considered when ascertaining the amount to be repaid by a convicted defendant as the result of financial gain received by that person...
Conviction for certain criminal offences will result in the making of a Confiscation Order under the Proceeds of Crime Act 2002 (‘POCA’’). Part of the process involved in calculating the financial liability of a defendant to be paid under a Confiscation Order will be...
Trading Standards Officers exercise such powers as the right to enter premises to inspect and to secure or seize material that might be required by way of evidence in any subsequent court proceedings. Most of these powers are granted by the Consumer Rights...
A number of arrests have been made in recent days in the UK and across Europe as a result of law enforcement agencies gaining access to an encrypted phone network called EncroChat which is allegedly widely used by criminal networks. The National Crime Agency (NCA) has...
Kangs Solicitors has a longstanding history of advising businesses, directors and individual clients in relation to their obligations under the Food Safety and Hygiene (England) Regulations 2013 (‘the Regulations’) and in the...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street,
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH