The owner of a tyre waste business has been given a 15 month
custodial sentence, suspended for 2 years, and a 2 year supervision
order after illegally storing almost 84,659 waste tyres at several sites
in Devon. The case was brought by the Environment Agency. Andrew
Mayhew pleaded guilty to 5 offences at Plymouth Crown Court of running a
waste operation without the necessary permits, which involved dumping
large numbers of tyres at several different sites including Hill Barton
Business Park, Exeter; Moor Barton Farm in Tiverton, as well as Dawlish,
North Tawton, and Hayedown industrial estate, Tavistock.
At the
hearing, Judge Darlow described it as a ‘serious offence’ involving a
very large number of tyres. He said the law is there for a reason and
the Environment Agency had a duty to investigate. Mayhew was also
ordered to pay £700 towards the costs of the prosecution. The court
heard how Mayhew rented commercial premises from January 2013 to
February 2014 and collected or received end of use tyres and then
disposed of them by sending them to an illegal place for disposal,
abandoning the tyres at the premises either loose or as tyre bales or
enter into contracts with haulers to transport them and then fail to
pay. This led to the haulers having to dispose of them with the
resultant disposal costs.
He also left the owners of 4 commercial
sites with unpaid rent amounting to £15,220 and costs to remove the
tyres of over £14,540. He has also saved legitimate disposal costs of
£9,360 by sending 300 tonnes of end of life tyre bales to Moor Barton
Farm. Mayhew received considerable advice from the Environment Agency
including guidance and general warnings regarding his activities
relating to the depositing of the tyres but he deliberately ignored all
advice.
A spokesperson from the Environment Agency said:
The
illegal handling of waste tyres is a serious issue that affects the
environment and undermines the legitimate tyre recycling industry. We
take environmental crime very seriously and won’t hesitate to prosecute
offenders. Mayhew conned people into believing he was a legitimate
businessman. He got paid to collect waste tyres, then abandoned them at
the 4 premises he leased, failing to pay rent and bills in the meantime
and left the site owners to pay to clear up his mess. He made some of
the waste tyres into tyre bales and sent them to a farm to be buried
under a track. These tyre bales were waste. The use of tyre bales is
regulated by the Environment Agency and using bales otherwise can be an
offence.
Legitimate tyre recycling businesses operate on tight
margins. Mayhew deliberately profiteered by not running his business
properly. If you flout environmental law, then we will not hesitate to
take action. The cost to the Environment Agency of investigating and
concluding this case has been incurred in a bid to protect the
environment and ensure a level playing field for the tyre recycling
industry.
The judge criticised Mayhew’s unacceptable attitude
towards Environment Agency staff saying he had been ‘abusive and
threatening’.
Mayhew admitted to 5 counts of operating a regulated
facility without an environmental permit contrary to Regulations
12(1)(a) and 38(1)(a) of the Environmental Permitting (England and
Wales) Regulations 2010, and received a 15 month custodial sentence
suspended for 2 years and a 2 year supervision order.
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