Kangs Solicitors recently defended a company (‘the company’) in relation to potential offences under Sections 33 and 34 of the Environmental Protection Act 1990.
The Relevant Law | Kangs Waste Management Solicitors
- To deposit controlled waste, or knowingly cause or permit controlled waste to be deposited on land without an Environmental Permit authorising the deposit is an offence under the Environmental Protection Act 1990.
- There is a duty placed on every person who imports, produces, carries, keeps, treats or disposes of controlled waste to take all such measures applicable to them, as are reasonable in the circumstances to prevent their waste being deposited illegally, to prevent an escape of their waste, and to ensure when their waste is transferred it is only to an authorised person.
- Those under this duty are required to make and retain records and documents in respect of waste control, disposal systems and furnish such documents when requested.
The Circumstances | Kangs Regulatory Defence Team
- In May 2018 Birmingham City Council became aware of waste connected to the company being found in a black bin bag deposited outside its premises.
- The Council issued a Demand for Information Notice requesting details of how the company had been controlling and disposing of its waste over the previous two years, the Council having accepted that the company had provided notices for the year 2016.
Defence Preparation | Kangs Environmental Health Solicitors
- detailed instructions were taken from a director of the company during which it became apparent that the company had inadvertently failed to renew its Controlled Waste Transfer Note with the Council.
- the company’s director was prepared for a formal interview with the Council, which had been previously arranged.
- during the course of the interview the director denied that the company was responsible for depositing the waste that had been recovered in the black bin liner, but accepted the failure to renew the Waste Transfer Note.
- By way of mitigation it was pointed out that the company had still been using sacks provided by Birmingham City Council, and that the failure to renew the Waste Transfer Notice was a genuine oversight.
The Successful Outcome | Kangs Criminal Defence Team
- Following the interview, further representations were put forward by Kangs Solicitors and it was proposed that the matter be dealt with by way of a Fixed Penalty Notice.
- These representations were accepted successful and the company paid a Fixed Penalty of £300 to resolve the issue.
The company’s director was naturally overjoyed with the outcome and the manner in which we had dealt with the proceedings as it had caused him a great deal of stress and anxiety.
How Can Kangs Solicitors Help You? | Kangs National Regulatory Defence Team
Our specialist Solicitors are able to provide advice and assistance throughout the entire process from initial interview, through to Trial if necessary.
Should you have any questions, or need advice on any regulatory topics please do not hesitate to contact the team through any of the following: