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16-week prison sentence for repeat offence of operating waste site without a permit (1 August 2016)

Date: 01/08/2016
Duncan Lewis, Legal News Solicitors, 16-week prison sentence for repeat offence of operating waste site without a permit

Peterlee Magistrates’ Court in County Durham has jailed a man who operated an illegal waste site without a permit, despite being previously prosecuted for the same offence.

On Monday, 25 July, Christopher Nash, 35, of Hillgarth in Consett appeared at Peterlee Magistrates’ Court, where he pleaded guilty to operating a waste facility without a permit at Eastmoor Road Allotments in Murton.

Nash was sentenced to 16 weeks in prison and was also sentenced to eight weeks in prison, to run concurrently, for breaching a suspended prison sentence imposed in September 2015, after he pleaded guilty to the same offence.

Also in court was Alan Lamb, 32, of Short Grove in Murton, who was fined £40, ordered to pay costs of £200 and a victim surcharge of £20.

Lamb pleaded guilty to obstructing an Environment Agency officer carrying out his duties, after he falsely said that the waste at the site belonged to him and not Nash.

The court that, after Nash’s September 2015 court hearing, Environment Agency officers attended the site on 23 December and saw a substantial amount of waste – with evidence a fire had taken place.

On 31 December, officers met Nash and Lamb on site, where Lamb took responsibility for the waste. However, in February 2016, Lamb told officers he had lied to them during the meeting at the site – and in March 2016, Environment Agency officers attended and saw no progress had been made to clear the waste away.

On 30 March, documents were recovered from the site, which showed the waste had been collected by Murton Recycling – the trading name of Christopher Nash.

On 28 April, Lamb was interviewed by officers, when he admitted he had obstructed them by lying about the waste in an attempt to buy Nash time to clear away the waste – Nash did not attend for an interview, however.

After sentencing, Enforcement Team Leader for the Environment Agency in the North East, Dave Edwardson, said:

“Just months after his court hearing for operating a waste facility without a permit, this site was full with waste – showing Nash has a blatant disregard for the law.

“On top of that, Lamb tried to take the blame for the waste on site, so that Nash would have time to clear it.

“We won’t tolerate people trying to prevent us from doing our work to protect the environment and community – and this should serve as a message that we will take enforcement action.

“We also work closely with our partners to tackle waste crime – and in this case, Durham County Council’s Neighbourhood Wardens provided us with information which helped take this case before the court.

“Permitting regulations are in place for a reason – and while we’ll continue to work together with legitimate businesses to help them meet their environmental obligations – where there are breaches, we will take action.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of an environmental offence – including at the start of an investigation by the Environment Agency or local authority, or before charges are brought.

There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis advises companies and individuals or sole traders on environmental offences, including failing to comply with an enforcement notice, waste management offences, waste carrier offences, misuse of permitted land, fly tipping, contaminating a watercourse, noise pollution, air pollution, and fisheries offences.

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

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