The Environment Agency, in the wake of the court action, described the case as involving an “illegal waste site” although Biffa has advised letsrecycle.com that this was not the situation and it was the storage issue which was involved in the court case.
On Tuesday (April 17) Biffa pleaded guilty to a single contravention of the Environmental Permitting Regulations 2010 at Chelmsford Magistrates Court.
The court heard that 47 containers of mixed waste were stored at the companys Basildon depot which was not permitted by the Environment Agency.
Mrs Anne-Lise McDonald, prosecuting for the Agency, said waste had been stored at the site for approximately two months in an ongoing breach of regulations. She said Biffa had failed to respond to verbal advice from environment officers not to store waste at the depot after two previous fires there.
Illegal
The Agency said the illegal activity was spotted by two officers who noticed skips being stored at the site which was not meant to be used as a waste transfer station. The mixed waste had a strong smell of rotting food and there was some waste on the ground.
David Savory, a company representative, informed the Agency that the depot was not designed as a waste transfer station and should only have been used for storage and as a vehicle workshop. He said he did not understand why it had happened as there are specific procedures to ensure no waste is stored in containers on the site.
Mrs McDonald said it would have cost the company a significant amount of money to permit the site as a waste transfer station as planning and health and safety requirements would have needed to be met.
After the hearing Environment Agency officer Stephanie Winnard said: As one of the largest waste companies, Biffa had a responsibility to comply with the regulations. In this case the company failed to comply and 47 containers of mixed waste was inappropriately stored on a site without a permit with a potential to impact on nearby residents.
Apology
Biffa said it publicly apologised in court for the offence which arose in late 2010 through its failure, for a short period of time, to clear containers of waste which were located entirely lawfully at its Basildon depot.
In mitigation, Mark Scoggins representing Biffa, told the court that as soon as the delay in emptying the containers had become known to senior management Biffa had rectified the situation by emptying the containers, which at no time represented a threat to the health of the local community nor posed any environmental hazard.
Commenting on the case, Shaun Davis, Biffas director of health and safety and the environment, said: Biffa is sorry that this situation arose. Biffa takes its responsibilities seriously and endeavours to limit the effects of its operations on the environment. We are pleased that this was recognised by the court when passing sentence.
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