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Kent mattress recycler prosecuted for failing to comply with relevant waste exemptions (3 February 2017)

Date: 03/02/2017
Duncan Lewis, Crime Solicitors, Kent mattress recycler prosecuted for failing to comply with relevant waste exemptions

The operator of a Kent recycling site – which recycles mattresses and beds –
has been found guilty for failing to comply with relevant waste exemptions.


Charges were brought against Lewis Bertram – trading as Eco Matters, Units Y & E2 Smarden Business Estate in Smarden, Ashford in Kent – after an Environment Agency investigation discovered that he was operating outside the terms of registered waste exemptions, posing a pollution and fire risk to the surrounding environment, neighbouring units and residential properties.

Bertram had been operating a mattress recycling business at the two units –
which lie within close proximity to several residential properties – since July 2013. Environment Agency visits in December 2014 and January 2015 found that the activities were not compliant with the terms of the registered waste exemptions.

Environment officers informed Bertram that he was committing an offence by operating the site outside of the terms of the waste exemptions – and gave him the opportunity to comply with the specific conditions and relevant objectives in the first instance.

Further visits to monitor the situation on site in March and early April 2015 revealed that activities on site were continuing to be conducted outside the terms of the exemptions – and the volume of waste stored on site continued to increase.

The Environment Agency de-registered the waste exemptions – and Enforcement Notices were issued on Bertram in March 2015, instructing that all waste be removed from Unit E2 and the volume of waste at Unit Y to be reduced to the 1,000 tonne limit of textiles permitted for storage under the waste exemptions by 29 May 2015.

No further waste was been brought to site by Bertram after the de-registration of the exemptions in May 2015 – however, further visits to the site conducted by environment officers in June 2015 revealed that he had not complied with the Enforcement Notices requesting the removal of waste from site. The site at Units Y and E2 are still full of waste mattresses, divan bed bases and their associated parts.

Bertram pleaded not guilty to the charges at a Magistrates’ Court early in 2016 – but elected for the case to be heard at Crown Court. The jury returned guilty pleas to all three charges brought before the court.

Sentencing is due on Friday, 3 February 2017.

He maintained a not guilty plea in relation to the non-compliance, with the two notices to clear the waste, for which the charges will be referred back to a Magistrates’ Court.

The Environment Agency says it worked closely with Kent Fire and Rescue Service throughout 2015 and 2016 to monitor the fire risk posed by the site and to ensure that the situation on site did not get any worse.

Environment Manager Alan Cansdale from the Environment Agency said:

“Mr Bertram ignored numerous opportunities given to him by our officers to bring the operations back into compliance.

“His actions showed blatant disregard for local residents and businesses, putting the environment and local amenity at risk.

“Waste exemptions are designed for activities deemed to be of low risk to the environment – and have strict conditions that must be complied with.

“While we will work closely with businesses to help them comply with such legislation, in cases where individuals consistently operate illegally – and in this case outside the terms of an exemption – we have no hesitation in prosecuting them to make sure that waste crime doesn’t pay.”


Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of an environmental offence, including charges relating to polluting watercourses, fisheries offences, fly tipping, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices across England and Wales and in most major cities – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

For expert legal advice on all environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.


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