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£8,800 penalty for Gloucestershire man operating illegal waste sites (14 March 2016)

Date: 14/03/2016
Duncan Lewis, Crime Solicitors, £8,800 penalty for Gloucestershire man operating illegal waste sites

A man who ran two Gloucestershire recycling sites has pleaded guilty to two charges of operating the sites illegally.

Sam Phelps – who ran XP Wood Recycling – ran one site at Pilning in Gloucestershire, where he accepted wood waste and shredded it, before transferring it to a second site at Sharpness Docks.

He ran the sites without environmental permits, avoiding permitting fees of £13,489 – and also received an estimated profit from his illegal operations in excess of £40,000.

The Pilning site is 100m from the nearest house and only 300m from the village itself.

While visiting the site, Environment Agency officers estimated the waste woodpile found on the site was between 3,500 and 4,000 tonnes – a total of 3,000 tonnes more than the amount allowed under the registered exemption.

Low-quality waste wood may contain oils and preservatives which are harmful to the environment. Stockpiles of waste wood are also a serious fire risk, as they can self-combust when heat spots develop within the pile as it decomposes.

The waste had not been turned or separated to create firebreaks, despite Mr Phelps being asked to do so to reduce the risk of fire. Officers found no measures were in place to prevent water run-off from the storage areas, impacting upon nearby watercourses.

When an officer visited the Sharpness Docks site, they found a pile of shredded waste wood they estimated to be at least four times the authorised amount. Fire Officers who worked with the Environment Agency also assessed this site as posing a significant fire risk to the residential development next to the site.

The nearby Severn Estuary – a Site of Special Scientific Interest, a Special Protection Area, Special Area of Conservation and a Ramsar (wetland designation) – was also at risk of pollution from the water run-off from the site.

Phelps ignored initial correspondence from the Environment Agency regarding their concerns and when interviewed by the Environment Agency, admitted that he knew he needed an environmental permit.

He was aware that the exemptions he held had limits on the amounts of wood allowed to be stored, but could not remember what the limits were.

On Monday 7 March at Cheltenham Magistrates’ Court, Phelps was fined £400 for each offence, ordered to pay a contribution to the prosecution costs of £8,000, along with the victim surcharge of £40.


After the hearing, the Environment Agency officer in charge of the investigation said:

“Waste crime is a serious offence with tough penalties, as it can damage the environment, blight local communities and undermine those who operate legally.

“This case sends out a clear message that we will not hesitate to prosecute individuals when they do not abide by the law.”

Duncan Lewis Criminal Solicitors

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

There are Duncan Lewis offices nationwide and a criminal defence solicitor can attend interviews with investigating and prosecuting authorities to advise on breaches of environmental law.

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


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