Illegal waste activity in Knockin ends with £69,000 penalty

7 May 2014 01:01 PM

On 2 May Jarsan Ltd and Thomas Jones were sentenced at Shrewsbury Crown Court for offences relating to illegal waste activities. 

Jarsan Limited and Thomas Edward Jones had previously pleaded guilty on 16 April 2014 for offences relating to the operation of a regulated facility without an Environmental Permit in a rural part of Shropshire.

The Court ordered that Thomas Edward Jones (68) rather than the company should pay the fine and costs and he was fined £24,000 and ordered to pay £45,000 in costs accordingly.

The charges were brought by the Environment Agency under Regulations 12 (1)(a), 38 (1)(a) and 41 (1) (a) of the Environmental Permitting (England and Wales) Regulations 2010.

In court

The prosecution related to the deposit of between 21,000 and 31,000 tonnes of waste soil and rubble at Knockin Heath Business Park, Knockin situated in a rural part of Shropshire. Some of this waste originated from the construction of a new superstore in Welshpool, whereby Jarsan Limited trading as Rob Jones Tractor Hire was one of the appointed waste management companies employed to remove the surplus soil and rubble from the site.

Thomas Edward Jones was a Director of Greyhound Services Ltd and an officer of Jarsan Limited who own and operate Knockin Heath Business Park on the B4396 between Shrewsbury and Knockin.

Jarsan Limited had registered a series of waste management exemptions with the Environment Agency on the 25 May 2010. Waste Management exemptions permit the limited recovery and recycling of a variety of waste types without the establishment or undertaking being required to hold an environmental permit provided the conditions of the relevant exemptions are adhered to.

In May 2010, Environment Agency Officers visited the Knockin Heath Business Park in order to investigate waste soil and rubble deposited at the site.

Upon inspection of the exemption documents under the name of Jarsan Limited, it appeared that that far more waste soil and rubble had been deposited than that permitted by the waste exemptions. A land survey of the waste stockpiles carried out on the 22 June 2011 by a third party, confirmed that these quantities were far in excess of the quantities permitted on the site.

The waste operation should have been regulated by way of a valid Environmental Permit rather than by registered waste exemptions because of the scale of the activity. After a letter and invitation to attend interview went unanswered, Environment Officers visited the Knockin Heath site on the 20 January 2011 and met with Thomas Edward Jones. Jones informed them that he would not be attending a formal interview. Photographs of piles of waste soil and rubble at the site were taken on that day, and again in March 2011 which included a very large mound of waste soil and rubble.

After sentencing

Speaking after the case, an Environment Agency officer in charge of the investigation said: “We use permit exemptions to enable the reuse and recycling of waste materials, but we ensure that measures are in place to protect the environment. Waste crime is a serious offence with tough penalties as it can damage the environment, blight local communities and undermine those who operate legally. This case demonstrates that we will not hesitate to prosecute when circumstances warrant it.”

In mitigation the defence stated that there was no intention to profit by the company or Mr Jones. The waste was only deposited on Knockin Heath after it could no longer be used in the construction of a new superstore and a consultant had been hired by the defendants to advise on their obligations under the Regulations, the defendants had not “buried their heads in the sand”.

Charges

Jarsan Limited – Company No.05313877 Between 1 May 2010 and 13 February 2013 Jarsan Limited did operate a regulated facility on land at Knockin Heath Business Park, Knockin Heath, Oswestry, Shropshire which did not benefit from an environmental permit contrary to Regulations 12 and 38 (1) (a) of the Environmental Permitting (England and Wales) Regulations 2010.

Thomas Edward Jones - DoB: 03 October 1945 Between 1 May 2010 and 13 February 2013 Thomas Edward Jones whilst an officer of Greyhound Plant Services Limited did consent or connive in the operation of a regulated facility by Greyhound Plant Services Limited on land at Knockin Heath Business Park, Knockin Heath, Oswestry, Shropshire which did not benefit from an environmental permit contrary to Regulations 12, 38 (1) (a) and 41 (1) (a) of the Environmental Permitting (England and Wales) Regulations 2010.

Between 1 May 2010 and 13 February 2013 Thomas Edward Jones whilst an officer of Jarsan Limited did consent or connive in the operation of a regulated facility by Jarsan Limited on land at Knockin Heath Business Park, Knockin Heath, Oswestry, Shropshire which did not benefit from an environmental permit contrary to Regulations 12, 38 (1) (a) and 41 (1) (a) of the Environmental Permitting (England and Wales) Regulations 2010.