Exposed Waste Results in £15K Fine for Landfill Operator

Today Lincwaste Ltd has been fined a total £15,000 and ordered to pay costs of £2983.76 after a successful prosecution by the Environment Agency under the Environmental Protection Act 1990 (Section 33 (6)).

Lincwaste Ltd, is the operator of Whisby Landfill Site, which is regulated by the Environment Agency. The site has a current waste management licence, issued in September 1993. The licence contains certain conditions in order to protect the environment, human health and the local amenities of the community.

Lincwaste Ltd pleaded guilty to two offences of contravening conditions of the waste management licence. The Court heard that on the 5 September 2002 Lincwaste Ltd failed to ensure that meat and bone meal (MBM) waste had been properly covered to a depth of 1 metre and to cover quantities of clinical waste immediately to a depth of one metre.

An officer from the Environment Agency attended Whisby Landfill site on 5 September 2002 after reports of a smell emanating from the site. On further inspection the officer noticed that on the surface of the working area were deposits of hairs and small bits of bone and a strong, sweet smell, the material was identified as MBM.

Nearby yellow bags, labelled ‘clinical waste’, were clearly visible and some bags were torn with waste spilling from them. On this inspection the officer noted that neither MBM or clinical waste bags were being covered, nor did there seem to be suitable cover material available for these difficult wastes.

On the 13 September 2002, two Agency Environment Officers attended the site and inspected the same areas. The sweet, unpleasant odour was still present, as were the clinical waste bags and MBM, which lay uncovered. The site manager was invited to provide a witness statement to explain matters but this invitation was refused.

On the 19 September 2002 the Agency received a letter from Lincwaste Ltd, explaining that the lack of cover had been due to a sudden, inexplicable stop in the arrival of domestic refuse at the site. Two formal interviews of the company directors were then conducted in February 2003 when it was accepted that the company had been in breach of the licence conditions.

David Hawley, Agency Environment Manager, stated: "I am pleased with the results of the case. The Environment Agency can’t emphasis enough the importance of abiding to the conditions of waste management licences. It’s disappointing that this fine could have been avoided had the proper procedures been firmly in place but the message to businesses is that it pays to abide by environmental legislation."

Lincwaste Ltd were fined £7500 for each offence and ordered to pay costs of £2983.76.
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