A landowner and a director of a Plant Hire Company have both pleaded guilty to breaching a Waste Exemption Licence.
Steven Micklewright of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Environment Team
- A Waste Exemption Licence allows landowners to re-use up to 1,000 tonnes of soil and sub-soil for specific purposes.
- The landowner was allowing his land to be used as a dumping ground for in excess of 23,000 tonnes of waste.
- The director of the Plant Hire Company which transported the waste was also prosecuted.
The Relevant Environmental Law | Kangs Environment Agency Defence Solicitors
Regulation 12(1) states:
‘a person must not, except under and to the extent authorised by an environmental permit…operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater’.
The Hearing | Waste Management Regulations | Kangs Solicitors
- Both pleaded guilty of breaching Regulations 12(1) and (38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
- The landowner was fined and ordered to pay costs in excess of £2,490.
- The haulage company was also fined and ordered to pay costs in excess of £3,000.
An EA spokesman said:
‘This was a sustained abuse of an exemption for financial gain. Importing more than 23 times the maximum amount of waste to this site changed the appearance of the landscape’
How Can We Help? | Kangs Environmental Waste Management Solicitors
Kangs Solicitors has a wealth of knowledge and experience in dealing with all matters of waste management.
Our specialist team is able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the Environment Agency through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
If you are facing prosecution or an interview under caution, please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.