Enforcement action against a waste recycling company under Regulation 38(1)(a) and Regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 (operating waste activities without an environmental permit) results in a fine of £12,700, an order to pay £27,000 in costs, and a £120 victim surcharge.
Enforcement action against an individual under Regulation 38(1)(b) and 12 of the Environmental Permitting (England and Wales) Regulations 2010 results in a £1000 fine, an order to pay £3,000 in costs, and a £100 victim surcharge.
In addition, as part of the process the Court granted the request from the Environment Agency to make an Order under Regulation 44 of the Environmental Permitting Regulations, to oblige the company to remove the waste to a lawful disposal facility and restore the land to its original condition.
Here is the Environment Agency (EA) press release.
Per the EA press release – District Judge Taylor described the defendants culpability as being at the “top end of careless” and agreed to order the company to restore the land to its proper condition by 2015 at their own cost as well as levying a significant fine and the Environment Agency’s costs. In mitigation both parties (the company and the individual) said at the time when the material was deposited they believed it was not waste.