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£63,000 penalty after composting site fails to deal with air pollution (26 September 2016)

Date: 26/09/2016
Duncan Lewis, Legal News Solicitors, £63,000 penalty after composting site fails to deal with air pollution

The Environment Agency has prosecuted a composting company which caused air pollution next to a research centre in Cambridgeshire.

Odours from the composting site next to Cambridge Research Park made nearby workers feel sick, a court was told. The court heard that, in July 2014, an employee at a nearby company was suddenly sick at work.

The firm that the employee worked for had seen an increase in sickness rates and eventually gave up its lease on the property at a large penalty cost and relocated.

At Cambridge Magistrates’ Court, site operator AmeyCespa (East) Ltd was fined £50,000 and ordered to pay £13,336 costs.

An Environment Agency biowaste specialist was commissioned to visit the site and a report – which included a list of appropriate measures AmeyCespa should take to prevent or minimise odour – was served on the company two months before the incident.

The report said more emphasis should be placed on the management of the composting process to prevent the release of odours, instead of relying on deodorising misting sprays.

The company had also failed to submit an adequate odour management plan to the Environment Agency before the July 2014 offence.

Magistrates heard that enforcement notices required the company to take actions to comply with their permit. By June 2015, all but one of the actions had been complied with – the final one was not completed until December that year.

However, Environment Agency prosecutor Richard Banwell said AmeyCespa had been negligent in failing to prevent or minimise odours and failing to respond to advice from the Environment Agency to change its composting processes and management until after the incident.

Richard Banwell said:

“AmeyCespa failed to implement appropriate measures until after the incident in July and the serving of three enforcement notices.

“There was a history of non-compliance at the site and there was a serious effect on human senses – and it was persistent enough that it led to a widespread change in behaviour of those exposed to it.

“At a nearby business, staff complained of feeling sick, gagging and sore eyes and throats. Staff could not take regular outdoor breaks and sickness rates went up.”

AmeyCespa admitted breaching its permit – in mitigation the company’s legal representative said:

“AmeyCespa takes this extremely seriously and is genuinely sorry and regretful.”

In sentencing the company, District Judge Sheraton added:

“There had been a great deal of adverse effects on human health, quality of life and air quality. I therefore impose a fine at the maximum of my sentencing powers.”

After the hearing Environment Agency officer Lucy Bellotti said:

“This case shows how permitted waste facilities can significantly impact on the daily lives of people living and working near to them.

“We are committed to regulating poorly performing waste sites – and will use our full range of enforcement powers when operators fail to comply with their permits.”

Duncan Lewis Criminal Solicitors

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

There are Duncan Lewis offices across England and Wales – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

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

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