Friday 8 March 2013

£106,250 in fines and costs, for shipping contaminated waste to Brazil

Following the sentencing hearing at Old Bailey of the Environment Agency’s biggest case to date, five defendants have been fines a total fine of over £100,000.
Environmental Agency reported that a father and son were among five defendants fined for exporting over 1500 tonnes of poorly-sorted household waste to Brazil in 2008 and 2009.

Two other people and one company were also handed a total £106,250 in fines and costs at London's Central Criminal Court (the Old Bailey) for their part in the export of 89 40-foot containers of prohibited waste to Santos and Rio Grande do Sul in breach of the Transfrontier Shipment of Waste Regulations 2007.

The discovery of the illegal shipments, described as ‘plastics for recycling’ but wasteactually containing contaminated waste such as nappies, syringes and catheter bags, outraged the Brazilian authorities. The then President of Brazil, Luiz Inácio Lula da Silva, made a formal complaint to the Basel Convention - the body that oversees the international movement of waste and recyclables.

A major investigation was immediately launched by the Environment Agency’s National Environmental Crime Team (NECT).

Andrew Higham, Head of NECT, said: "Exporting poorly-sorted, contaminated waste is not only against the law - it's immoral. It’s a crime that shows a blatant disregard for the safety and welfare of overseas communities and the environment.

'We were determined to bring those who were behind the export to justice. To do that my officers had to spend over three months hand-picking through hundreds of tonnes of rotting waste to gather evidence and establish where it had all come from. Underpinning the crime was complex web of contracts and connections and over 170 witness statements were gathered in the course of our inquiries.

'The result is testimony to the patience and professionalism of the Environment Agency.'

Guilty plea

Julio da Costa, 51, and Juliano da Costa, 27, both of Swindon, pleaded guilty just days before they were due to face a three-week jury trial at the Old Bailey. Two other men - Jonathan Coombe, 41, of Romford, and Simon Edwards, 46, of Loughton in Essex – and Edwards Waste Paper Limited, pleaded guilty at last year’s pre-trial hearing to their parts in the export of the waste out of Felixstowe and Tilbury. Edwards was director of the company and Coombe was the sales manager.

An extensive Environment Agency investigation found that the da Costas were involved in shipping all 89 of the containers via their now dissolved Swindon-based companies Worldwide Biorecyclables Ltd, and UK Multiplas Ltd. 46 of the containers were loaded at Edwards’ Waste Paper site in Essex. A fifth man – Andre De Oliveira, 32 – failed to answer bail in November 2011 and is still wanted in connection to the case. The former director of Worldwide Biorecyclables has yet to be charged and this current whereabouts are unknown despite multi-agency inquiries in the UK and overseas involving INTERPOL and the Borders Agency.

Report waste crime

People who have information about illegal waste activity can contact the Environment Agency’s 24-7 incident hotline on 0800 807060 or report it anonymously to Crimestoppers on 0800 555111.

See the evidence

Key investigation facts

  • Led by Senior Investigator Jeff Warburton, NECT officers oversaw the return of the containers to the UK and their subsequent removal to a secure location where they were inspected following fumigation to sterilise and make them safe to check.
  • During the three-month-long container inspection, around 1400 contaminated items were retained by Environment Agency officers as they painstakingly hand-picked through the waste in each of the containers
  • The inspection team had to wear specialist breathing apparatus to shield their noses and throats from the nauseating stench of the decomposing waste and protective suits and gloves to avoid contact with blood-stained items and needles
  • The prosecution 'exhibits' filled an entire 40-foot container
  • Over the course of the investigation environmental crime officers from the Environment Agency were involved - some experts in forensics, and others specialists in intelligence-gathering and surveillance
  • The waste was identified by Environment Agency investigators as coming from over 30 local authority areas across the South East of England before it was safely disposed of.

Full list of charges

  • Julio Cesar Rando da Costa, b.11/12/1960, Salisbury Street, Swindon; Director of Worldwide Biorecylables Limited and UK Multiplas Ltd (both now dissolved); Pleaded guilty on 20.2.2013 to transporting waste for recovery in a country to which the OECD decision does not apply contrary to Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007; Sentence: 2 year conditional discharge and £500 fine
  • Juliano Valderama da Costa, b.7/12/1964, Morley Street, Swindon; Secretary of Worldwide Biorecyclables Limited and director of UK Muliplas Ltd. Pleaded guilty on 20.2.2013 to transporting waste for recovery in a country to which the OECD decision does not apply contrary to Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007; Sentence: 18 month conditional discharge and £500 fine
  • Jonathan Alan Coombe, b.17/11/1970, of North Road, Romford; Sales manager of Edwards Waste Paper Ltd; Pleaded guilty on 12.4.2012 to transporting waste for recovery in a country to which the OECD decision does not apply contrary to Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007; Sentence: 2 year conditional discharge and £250 fine
  • Simon Edwards, b.22/02/1966, of Debden Road, Loughton, Essex; Director of Edwards Waste Paper Ltd; Pleaded guilty on 12.4.2012 to transporting waste for recovery in a country to which the OECD decision does not apply contrary to Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007; Sentence: £10,000 costs and £10,000 fine
  • Edwards Waste Paper Ltd, High Street, Epping, Essex; Pleaded guilty on 12.4.2012 to transporting waste for recovery in a country to which the OECD decision does not apply contrary to Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007; Sentence: £40,000 costs and £45,000 fine.

Key company information

  • Worldwide Biorecyclables Ltd was registered at three different Swindon addresses during 2008-9. First at Marston Business Park, then Cornwall Avenue, and finally Commercial Road.
  • UK Multiplas Recycling Ltd was registered at Cornwall Avenue, Swindon.

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