Friday 7 June 2013

Prison sentence for waste crimes

The operator of a Gravesend skip company has today been given a suspended prison sentence and ordered to carry out 250 hours community service for breaches of an environmental permit.
The charges were brought against Gurbinder Sall, operator of Sall Skips, Wharf Road, Gravesend, under Regulation 38 of the Environmental Permitting Regulations 2010. Mr Sall will be ordered to spend 90 days in prison should he fail to carry out his 250 hours service within the next 18 months.
Dartford Magistrates’ Court heard that Mr Sall operated the site under an environmental permit with a range of conditions, and has a history of offences on the site which have resulted in a series of fines and warnings. Since the last court case in September 2009, the Environment Agency has carried out multiple site inspections, which have identified 67 breaches of the site’s permit. Many of these breaches were arising from the same issues for which Mr Sall had been previously prosecuted; waste volumes and the heights of the stockpiles greatly exceeded the permitted limit and the litter netting and bay walls on site were in need of repair or replacement.
As a result of the history of the site, in June 2012 Mr Sall was issued with a revocation notice which required him to stop operations and remove all waste from the property. Visits from Environment Agency officers in October 2012 revealed that little progress had been made on the site, with minor amounts of waste removed and obligations not being met.
A further inspection in November 2012 found that the level of waste had actually increased, with the addition of a skip of broken cement-bonded asbestos. There has been no attempt to clear any of the existing waste on site which has been abandoned by Mr. Sall, and there is evidence to suggest that waste may have escaped onto neighbouring land.
Environment Agency Environment Manager Rob Wise said “Mr Sall showed blatant disregard for local residents and businesses, and no inclination to work with Environment Agency officers who have offered him advice and guidance. Further material was brought on to the site in spite of the permit revocation, and Mr Sall has wilfully abandoned the existing waste on site.
“Waste crime puts the environment and local amenity at risk and can undermine legitimate businesses, so we work closely with businesses to help them comply with the law. In cases like this where individuals consistently operate illegally, we have no hesitation in prosecuting them as we want to make sure that waste crime doesn’t pay.
This case shows the importance of understanding your environmental legal responsibilities, and developing a legal register. CRS - Head of Environment, Richard Ball commented ‘unless organisations research their legal responsibilities, it is the equivalent of driving through a speed camera without knowing the speed limit, some organisations will drive at speed and get caught;  whilst others will brake hard unsure if road is a 30 or a 50, neither approach is efficient. ‘
Corporate Risk Systems can help organisations to develop a better understanding of the legal requirements through the range of Environmental Courses and Consultancy services, such as the NEBOSH Environmental Certificate, and our unique range of Environmental Practioner courses.  For more information contact ros.stacey@crsrisk.com

Source: Environment Agency
CRS Environment: Make a Difference

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