Waste Management Solicitor
Specialist Defence in Environment Agency Investigations and Prosecutions
Your Defence Against Alleged Offences
The Environment Agency is responsible for enforcing environmental protection laws and has the authority to investigate and prosecute individuals and businesses for breaches that undermine the regulatory framework or pose a potential risk to the environment or human health.
As well as Enforcement Notices, the Environment Agency can bring a prosecution against a company or individual. If found guilty, the court can impose custodial sentences, substantial fines and order an additional financial penalty under the Proceeds of Crime Act 2002 (POCA).
If you or your company are under investigation or facing prosecution for Waste Management Offences our lawyers can assist you. The types of cases we can assist with are, but not limited to:
- illegal moving or depositing of controlled waste,
- operating a waste site without an environmental permit,
- illegal discharges of effluent or harmful substances,
- illegal exportation of hazardous waste.
Additionally, our solicitors act in cases where a company or induvial is accused of:
- breaching permit conditions,
- providing false or misleading information including false entries in required regulatory records,
- failing to comply with an enforcement notice or remediation order.
Environment Agency Investigations Defence Solicitors
The waste management industry is subject to increasingly stringent regulations, and businesses may find themselves under investigation by the Environment Agency (EA). Furthermore, the EA holds the authority to enforce a wide range of environmental regulations. If your business is accused of breaching any environmental law or received a notice from the EA, whether an abatement notice, a remediation order, or facing sanctions, our team possesses the specialist knowledge and experience to assist you.
Additionally, if you are being pursued under the Proceeds of Crime Act 2002 (POCA), our solicitors have extensive experience in successfully representing clients in matters involving restraint orders, confiscation proceedings, account freezing orders. cash seizures, and asset forfeiture.
For further information regarding Environment Agency waste management offences, please see our Frequently Asked Questions.
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Environment Agency Prosecution FAQs
Contact KANGS
If you are subject to a regulatory investigation or anticipate one and would like to consult our team, please contact us immediately for advice and support. The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
What is the role of the Environment Agency?
The Environment Agency regulates landfill and waste operations through Environmental Permits issued under the Environmental Permitting Regulations. Operators must obtain a permit before operating, which includes strict conditions to prevent pollution and protect health.
These conditions cover waste types and quantities, site design and construction, emissions limits, and environmental monitoring. The Environmental Agency assesses applications to ensure compliance with the law, grants or refuses permits, sets operational conditions, and enforces compliance.
Do I need legal representation in an Environment Agency investigation?
If you receive any correspondence from the Environment Agency regarding an investigation or alleged breach of environmental law or permit conditions, you should seek legal advice immediately. If the Environment Agency or local authority suspects an environmental offence, you may be asked to attend an interview under caution as part of their investigation.
A voluntary interview should not be taken lightly. They are serious and tend to be used when the regulatory authorities are still trying to determine if a crime has been committed. The benefit of instructing a solicitor is to ensure you receive good strategic and tactical advice when it is needed most.
What will happen if I am convicted?
A conviction can often result in a financial penalty with the size of the penalty dependant on the amount of any unlawful gains or legitimate costs that have been avoided. Under the Proceeds of Crime Act 2002, the EA can also seek to confiscate the profits made by those who the committed offences.
The consequences of being convicted of an offence can be severe for offenders who have committed serious types of waste crimes, for example:
- An individual who was convicted of defrauding the electrical waste industry received a custodial sentence of seven years and six months and was ordered to repay £1.3 million.
- A scrap dealer operating without the correct permit was convicted and ordered to pay over £400,000 and given a conditional discharge.
- A group of organisations were fined for storing building waste at a farm without authorisation, and the haulage company transporting the waste was not only fined but also ordered to pay £425,000 under the Proceeds of Crime Act 2002.
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