The ruling came after a number of complaints were lodged about an infestation of flies in the area in 2014.
Boomeco Ltd processes between 7,000 and 10,000 tonnes per year of household waste into refuse derived fuel (RDF) under a contract with North Somerset council, with the resulting RDF exported to Scandinavia for energy recovery.
The Gloucestershire-based company was allowed to store up to 10,000 tonnes of RDF on the dockside at Avonmouth for up to three months under a regulatory position statement (RPS).
According to the Environment Agency, which brought the prosecution, a condition of the RPS was that the RDF bales must be wrapped and sealed to prevent access from pests.
However, in May 2014, the Agency, Port Health Authority and the local Environmental Health office started receiving complaints about a ‘serious fly infestation’ in Avonmouth, and Boomeco reportedly alerted the Agency immediately after it became aware of the problem.
And, after arriving to inspect the site, Environment Agency officers found a number of RDF bales to be in poor condition.
According to the Agency, some of the RDF bales were ripped or torn and contained flies and maggots, while others had ‘foul smelling’ liquid leaking from them. Officers also noticed a number of bales contained an ‘unacceptably high proportion of putrescible material’.
Boomeco responded by repairing any damaged balesspraying the bales with an insecticide, and reducing the height at which they were stacked.
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The firm said the bales had been damaged by the arms of a fork lift truck which had been hired to move material around the dockside. The forklift had been hired while the firm awaited delivery of a bespoke vehicle with specially designed arms that could handle bales without damaging them.
Environment Agency officers later found ‘approximately 40 bales with large rips and waste spilling out of them’, while ‘flies could clearly be seen and there were small piles of waste on the ground’. The officers reported a ‘general odour of rotten rubbish’ and in some areas a ‘strong and putrid smelling’. One officer also reported that the smell made her feel nauseous.
Following subsequent checks by the Agency, Boomeco was warned it was failing to comply with its RPS. And, with continued evidence of ripped and damaged bales, the company was informed on June 3 2014 that its RPS was being withdrawn and it could no longer store bales on the dockside.
Bristol Magistrates Court
Appearing before Bristol Magistrates Court yesterday (July 30), Boomeco Ltd pleaded guilty to failing to store waste in an environmentally safe manner and was fined £14,000 and ordered to pay £4,873 in costs.
District Judge, Lynne Matthews, said: “I take judicial notice that feelings are running high due to the effect on the community of this fly infestation and whilst I recognise that Boomeco, through its action contributed to the problem, they weren’t solely responsible. Steps were taken to remedy the problem but what was done was inadequate and ineffective.”
Speaking after the hearing, Environment Agency officer Ian Withers, said: “We were unable to prove conclusively that the fly nuisance in Avonmouth was caused by Boomeco’s activities. However, we were satisfied the failure of the company to control flies justified our robust enforcement action and the removal of its regulatory position statement. This forced the company to significantly change their operating procedures.”
Boomeco
As well as exporting RDF produced from household waste in North Somerset, Gloucestershire firm Boomeco processes waste wood such as pallets, construction timber, chipboard and MDF into growing media at its Avonmouth recovery facility.
Oliver Latter, managing director of Boomeco, said: “Regrettably, Boomeco did not comply with the requirements for storing waste material at Avonmouth Docks. At the time, we were a new entrant to the market. We should have taken greater care with this waste. Steps were taken once we realised the problem, including removing damaged bales from the site.
“We are a responsible business. We have accepted responsibility, apologised to the Court and pleaded guilty at the earliest opportunity.
“Stronger procedures are now in place to make sure this situation never occurs again. For example, our bale storage now does not take place at the docks and new handling equipment has been invested in to reduce the chances of damaged bales.”
Mr Latter added: “We continue to work closely with the Environment Agency to ensure that our site meets stringent waste management standards.”
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