Crime Solicitors

The operator of a waste site in Sittingbourne, Kent has been imprisoned for eight months for the illegal disposal, sorting and treatment of construction demolition waste.

John Millen, 50 – trading as K.M. Millen Grab Hire – received the custodial sentence on at Maidstone Crown Court on Wednesday 12 April.

Millen had pleaded guilty to using the Gas Road site for illegal waste transfer activities.

The Environment Agency prosecuted Millen for waste disposal offences, following an investigation in December 2014, which established that more than 40,000 tonnes of waste had been illegally deposited on the site.

Millen was subsequently provided with clear guidance on the action he was required to take and an Enforcement Notice to clear the waste from the site by the end of March 2015 was issued.

However, after the three-month notice period, it had expired and none of the waste had been removed. Millen continued to crush, treat and deposit waste.

The Environment Agency said that the activities being undertaken by Millen were in clear breach of environmental legislation – and would have required an Environmental Permit.

Millen did not apply for an appropriate Environmental Permit and continued to operate, avoiding significant costs to his business.

After sentencing, Environment Manager at the Environment Agency, Alan Cansdale, said:

“Mr Millen was fully aware that he was not allowed to store that amount of waste on the site – but continued to accept more construction and demolition waste, while ignoring the advice and guidance issued to him by Environment Agency Officers. His actions put the environment at risk.

“Waste crime can undermine legitimate businesses, so we work closely with businesses to help them comply with the law.

“In cases like this – where illegal operations are connected to licensed businesses – we have no hesitation in prosecuting those involved. We want to make sure that waste crime doesn’t pay.”

While passing sentence, Judge Philip St John-Stevens said that Mr Millen was the “controlling mind of the business” – and added that he had ignored all advice offered from the Environment Agency regarding his business operations.

Duncan Lewis Criminal Solicitors

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.