Waste Management Prosecution

The Environment Agency has successfully prosecuted Magpie Recycling Co-operative Ltd for waste management offences.

Magistrates heard the recycling company, based at Hollingdean Lorry Park, Brighton plead guilty to failing to operate their site under the terms of an exemption from waste management licensing and to failing to take reasonable measures to prevent waste escaping from the premises.

The exemption allows for the storage and secure holding of specific types of waste including; paper, cardboard, textiles, plastics, glass, steel cans and aluminium cans. Maximum quantities of each material are stated and the different types of waste must be stored separately.

Environment Agency officers had visited Magpie on many occasions in recent years and had found that the company was not operating in line with the exemption held. The Agency had written a series of warning letters to the company, but they still failed to improve storage arrangements at the site.

The court heard that May 28 last year the Agency acted upon the receipt of a complaint about the condition of Hollingdean Lorry Park. An officer attended the site and found that the site was very untidy with a mixture of plastic bottles, cardboard and glass all over the floor. Non of the containers for the materials was correctly sheeted.

Bins were overflowing with cardboard and there was a large puddle containing plastic bags and other debris. The officer also discovered that, due to heavy rain, cardboard around the base of storage containers had become a pulpy sludge and had an unpleasant odour.

There was a considerable quantity of plastic material beneath one of the skips on the site. It was clear that vehicles had been driving over this area as plastic bottles had been flattened and were covered in mud. The officer also saw a container, which was full of non-recyclable material; including toys and household waste, which had an unpleasant smell of rot. Magpie was not permitted to store these materials under the terms of the exemption held.

The condition of the site also raised concerns about the possibility of pollution to groundwater since it lies within a protection zone for the Lewes Road water supply abstraction borehole, which is approximately 400 metres away.

In mitigation the company admitted that its management of the site had been haphazard in the past and apologised for the offences. As a result of the Agency's investigation a number of improvements to the site were either in place or being considered. The company highlighted the value of its recycling activity to Brighton and Hove; explaining that it had experienced difficulties with lack of funds, securing permissions to improve fencing, and arrangements for collection of waste from the site.

On the first charge, of depositing controlled waste on land without the benefit of a Waste Management Licence, the Magistrate said that this had been due to the company’s poor management and imposed a £2,000 fine. This they felt was the highest penalty they could impose given the companies financial situation.

With respect to the second charge, of allowing the escape of waste from the company’s control, the Magistrate imposed a conditional discharge for two years commenting that should Magpie reoffend it would find itself back in court.

Costs of £1,000 were also awarded against the company.

Carina Strutt of the Environment Agency’s Sussex Environment Management team said, "Whilst this result is pleasing it is also regrettable that the Agency was put in the position of having to prosecute.

"The Agency is keen to encourage recycling and waste reuse where at all possible, however companies that run these schemes must still operate under the terms of the law. In this instance, despite many warnings and advice from the Agency, Magpie continued to operate outside of the exemption that was held – putting the environment and water supplies at risk.

"Poor management cannot be an adequate excuse; rather than helping to preserve environmental resources the company was actually at risk of polluting them. Put simply, it is unacceptable."

The Environment Agency has recently launched a website to help small and medium sized businesses to understand their environmental responsibilities: www.environment-agency.gov.uk/netregs (see link on right).
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