Legal News

The Environment Agency has prosecuted a company based in South Devon for failing to store hazardous materials safely.

Armabridge Ltd waste operates two businesses from separate sites in Torquay, including a top soil supply business at Kerswell Garden Centre –
known as Topsoil Torbay – and a waste transfer station and skip business at Barton Hill Way, trading as Skip-it.

On 6 June 2014, Environment Agency officers found suspicious piles of waste at the Kerswell Garden Centre site – closer inspection showed it was screened or sieved waste, known as fines.

Samples of the waste were later analysed and found to contain hazardous materials, including asbestos.

The managing director of Armabridge Ltd admitted tipping some of the screened waste – but disputed the suggestion his company was responsible for all of the illegal waste deposited.

In an interview under caution, he admitted using the Kerswell Gardens site to process waste to avoid high landfill charges.

Samples taken by the Environment Agency from the site were found to contain elevated levels of antimony, sulphate, organic carbon and total dissolved solids at levels that would still have resulted in the waste being classified as non-inert, irrespective of the presence of asbestos.

Environment Agency officers estimated that approximately 2,600 tonnes of hazardous waste containing asbestos had been deposited at the Kerswell Garden Centre site, which was only licensed to accept inert wastes.

Issues were also discovered at the company’s waste transfer station at Barton Hill Way earlier in 2014, where there was considered to be a risk of waste run-off entering surface water drainage systems and contaminating the surrounding environment.

A large pile of mixed waste was also being stored outside the permitted area, in close proximity to an electrical sub-station.

Armabridge Ltd was asked to address these issues – but when Environment Agency officers carried out a follow-up inspection on 3 June 2014, no action had been taken.

The company’s failure to comply with the conditions of its site permit resulted in the Environment Agency issuing Armabridge Ltd with an Enforcement Notice on 10 July 2014.

However, the site remained largely unchanged when it was next inspected in October 2014 – inadequate measures had been taken to prevent contaminated water from entering surface water drainage and the large pile of waste stored outside the permitted area was still in place.

Ambabridge Ltd of Torquay appeared before Torquay Magistrates’ Court and was fined £6,000 and ordered to pay £9,640.10 in costs, after pleading guilty to three offences under the Environmental Permitting Regulations 2010 and Environmental Protection Act 1990 – including operating a regulated facility without permit and failing to comply with two enforcement notices. The company was fined £2,000 for each offence.

Jacob Hess for the Environment Agency said:

“In our opinion, this defendant found a cheap way to dispose of waste – but in saving money, the company failed to take the necessary steps to protect the environment.

“Although the asbestos was mainly in a bonded form, any movement or treatment of this waste without proper controls in place may have lead to the release and spread of asbestos fibres, putting the environment at further risk.

“Inadequate infrastructure and storage of waste at the waste transfer site meant that site operations posed an immediate risk to the local environment.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of a charge or investigation into environmental offences, including offences involving failing to manage hazardous waste, waste carrier offences, misuse of permitted land, fly tipping, fly posting, contamination of watercourses, noise pollution, air pollution and fisheries offences.

Duncan Lewis has offices nationwide and a criminal defence solicitor can attend interviews under caution and site inspections to advise on environmental offences.

For expert legal advice on charges under the Environment Protection Act, call Duncan Lewis criminal solicitors on 0333 772 0409.