Have a question?
033 3772 0409

Legal News

Over £250,000 in fines for dumping more than 60,000 tonnes of construction waste (30 November 2015)

Date: 30/11/2015
Duncan Lewis, Legal News Solicitors, Over £250,000 in fines for dumping more than 60,000 tonnes of construction waste

The Environment Agency has prosecuted three businessmen for illegally dumping more than 60,000 tonnes of waste on two farms near Callington in Cornwall.

Farmers David Stroud and Darren Pearce and waste haulier, Andrew Duncan – who runs the haulage company Dunchaul Limited – were caught following a detailed investigation by the Environment Agency, which revealed that they had deposited tonnes of demolition and construction waste in the Cornish countryside.

Truro Crown Court heard that, as an experienced haulier, Andrew Duncan and his company Dunchaul Limited would have been “well aware” of the conditions of the Environment Act and regulations on disposing of waste.

However, between June 2010 and September 2012, Stroud and Pearce were involved in the tipping of construction and demolition waste and soil at two different farms near Callington in Cornwall, operated by the two men. They were known locally as “Dunchaul’s tips”, the court was told.

Nearly 66,000 tonnes of waste was deposited between the two farms, when both were only eligible for 1,000 tonnes of sub-soil and 5,000 tonnes of concrete, rubble and bricks.

The waste deposited by Dunchaul Ltd was sub-soil from development sites, for which the 1,000 tonne limit applies.

At Axford Farm, one of the fields had poor drainage and Stroud wanted to raise the level of the field to improve it. The building of a new Tesco store nearby produced a large quantity of excavation matter and this was used for the project from June 2010.

The court heard there was, in fact, no construction project – as a land-raising activity is not classified as “construction” and the tonnage deposited was well in excess of the prescribed limit of 1,000 tonnes.

Some of the waste tipped on the raised field slipped into a nearby stream.

Dunchaul tipped at Axford Farm for a year, the court heard – and when that had finished, made arrangements with Pearce and started tipping on his Lower Trebrown farm, to help with building farm tracks to connect one part of his farm with another across a deep and wooded valley. No planning permission was applied for in respect of the work.

From July 2011 to September 2012, a total of 37,219 tonnes of waste was deposited. However, according to Waste Transfer Notes supplied by Dunchaul, only 20,565 tonnes of waste were delivered.

The Environment Agency said the discrepancy between Dunchaul’s records and those of the other parties was clear evidence of a breach of the duty to accurately complete, provide and retain waste transfer notes.

At Truro Crown Court, Judge Carr said legislation was there to ensure waste was deposited in proper landfill sites – but this case, there was “a long term avoidance of rules and regulations”.

Substantial amounts of waste went to two farms, which were paid to receive the waste, he added – which was “obviously done” to increase the profitability of the company over a significant period of time and was “well organised”.

Judge Carr added the only purpose for Duncan in doing this was for financial gain, through winning contracts by undercutting legitimate hauliers. He added that he wanted the fines to reflect “there is no profitability in illegal activity”.

The three men have been ordered to pay more than £262,000 in fines, proceeds of crime payments and costs.

Darren Pearce was fined £7,500 and ordered to pay £7,500 costs for operating a regulated facility without a permit. He was also ordered to make a Proceeds of Crime payment of £59,500.

Stroud was fined £5,000 for also operating a facility without a permit, with £5,000 costs and a £30,000 payment under the Proceeds of Crime Act.

Dunchaul Limited and Andrew Duncan were fined £30,000, with costs of £20,000 for failing to comply with a duty of care in respect of waste transfer notes, depositing waste without a permit and permitting the depositing of controlled waste without a permit. Under the Proceeds of Crime Act, Duncan and his company were ordered to pay £100,000.

After sentencing, Sophie Unsworth for the Environment Agency said:

“Waste crime can cause serious pollution to the environment, put communities at risk – and undermines legitimate business and the investment and economic growth that goes with it.

“We take tough action against poor performing companies and those who commit waste crime.”

Duncan Lewis Crime Solicitors

Duncan Lewis crime solicitors can advise at any stage of a charge or investigation involving environment crimes, including fly-tipping and dumping waste, contamination of land and water courses, fisheries offences, and illegal use of permitted land.

There are Duncan Lewis offices nationwide and in most major cities – and our criminal defence solicitors can attend interviews under caution or advise on environmental crime before charges are brought.

For expert legal advice on offences contrary to the Environment Act, call Duncan Lewis criminal solicitors on 0333 772 0409.

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.