Worcestershire business prosecuted for operating illegal waste site (29 February 2016)

The Environment Agency has prosecuted five men over the illegal operation of a waste disposal site at Cinetic Quarry, near Wildmoor in Worcestershire.

The site had operated beyond the terms of the permit – and industrial and municipal waste had been found buried in areas of the quarry.

The operation of the site had also made a financial gain over the year 2011-12, contrary to the Environmental Permitting Regulations.

In total six defendants – including the operating company – were convicted of participating in the unlawful deposit of waste at Cinetic Quarry. Company directors and site managers were among those prosecuted.

In court, His Honour Judge Pearce Higgins QC said that it was clear that the site had been operated “in a haphazard and irregular way”.

In mitigation both directors – Steven Broadley and Stephen Butler, who owned and directed the company Broadley and Parton Limited – said the financial gains made by the unlawful waste operation had been overestimated and the actual environmental risk had been very low.

Both men were of good character – and both denied any knowledge of waste having been buried. They also denied that they had made any substantial financial benefit and the judge accepted this in sentencing.

Steven Bragg – who was employed at the site – had pleaded guilty at the very first possible opportunity and was of previous clean character.

The two other defendants – Brian Williams and John Chamberlain – are yet to be sentenced.

During a two-year investigation by the Environment Agency, the defendants had ignored repeated warnings that their activities on Cinetic Quarry were unlawful and posed a significant risk to the environment.

The defendants pleaded guilty before their trial and were fined a total of £18,750 and ordered to pay £30,250 in costs.

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

“This site posed a risk to the environment and had the potential to harm human health because it did not have the correct infrastructure in place to support the waste being disposed of there.

“All of the defendants have significant experience in the waste industry, so they would have been fully aware of their obligations to comply with environmental permitting rules – which help ensure the environment remains protected.

“Each defendant was given warnings by the Environment Agency that the operation at Cinetic Quarry was unlawful, but these warnings were ignored.

“This is unacceptable – we take waste crime extremely seriously and will not hesitate to prosecute in cases such as this.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of a charge involving environmental offences, including advising during an investigation and before charges are brought.

There are Duncan Lewis offices nationwide and our environmental crime lawyers can attend interviews with investigating authorities, as well as negotiating with the Environment Agency and local authorities.

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


https://www.gov.uk/government/news/west-midlands-businessmen-sentenced-for-operating-illegal-waste-site