Appeal considered over unreasonable waste fine

RK Transport, based in Launceston, was fined 40,000 by Bodmin Magistrates Court last week, while its owner Adrian Kneebone was fined 30,000 and ordered to pay 36,525 in costs (see letsrecycle.com story).

Mr Kneebone had pleaded guilty to two offences under the Environmental Permitting Regulations 2007 including the illegal use of unsuitable waste to create an earth bund at Kennards House, Launceston and illegally depositing waste on land at West Honiton Farm, Launceston.

However, following the hearing, the company has said the financial penalty imposed is unreasonable given that it is its first offence in 23 years of business and that the sites in question were being fully monitored by the Environment Agency from the outset.

At the centre of its argument is that it paid the Environment Agency over 3,000 in site monitoring fees during 2009, the year that the earth bund was constructed, but no-one from the Agency raised any concerns about composition of the material before December 2009. The earth bund was being constructed as part of a project to extend the stockpiling area at the companys waste transfer station.

Monitored

In a statement, the company said: Unlike many tipping cases that get reported in the press, both of the sites identified here had been registered with, and were being monitored by, the Environment Agency from the outset.

The main site referred to is a fully licensed Waste Transfer Station situated at Kennards House. As part of a Planning requirement, a Screening Bank was to be built on three sides of the site. Both the Planning Application process and the construction of the Bank occurred in full consultation with the Environment Agency.

The Environment Agency were paid in excess of 3000 by RK Transport Ltd in site monitoring fees during 2009, its year of construction. This project involved the recycling and re-use of earth and rubble, coming mainly from a reputable national company who documented it as inert earth and rubble.

The project at Kennards House began in late 2008 and continued during 2009. During this period RK Transport Ltd received many documented unannounced site visits from Environment Agency Officers. No adverse comments were made on any site Reports during that time. In acknowledgement of this, the Environment Agency confirmed in Court this week that no one from the Agency had raised any concerns about the composition of the material before December 2009. At which point the Bank was almost complete.

In full co-operation, as soon as a concern was raised by Environment Agency officers RK Transport Ltd acted upon the advice and ceased using the material in question.

Risk

RK Transport added that the Environment Agency had confirmed in court that the risk posed by the structures to the environment were minor and they did not require its removal.

The company concluded: In view of the above, and the fact that in 23 years of business this is a first offence, RK Transport Ltd find the financial penalty imposed to be unreasonable and potentially crippling for the Company, and are therefore considering an appeal.

RK Transports position is that this was never a disposal operation but a legitimate construction project, conducted openly and monitored by the Environment Agency throughout, in contrast to their current public statements which seem to infer it was discovered by them on February 3rd 2010.