Challenges in the civil courts to a complex investigation into alleged illegal waste activities at a Bristol recycling company have caused delays in proceedings, Defra minister Dan Rogerson has claimed.
Churngold Recycling Ltd was raided by Environment Agency officers in September 2012 as part of an investigation known as Operation Durable into alleged illegal waste activities at several sites in the area (see letsrecycle.com story). But, more than 18 months later, no charges have yet been brought against the firm or enforcement action taken.
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The firm part of the Churngold Group of companies has since sold its fleet of vehicles and let go around 50 staff members of staff. There are reportedly no employees left working for the business.
The investigation prompted a written parliamentary question yesterday (May 7) from Bristol North West MP, Charlotte Leslie, who asked for information on when the Agency expected to conclude the investigation into Churngold.
Responding to Ms Leslie, Defra minister Dan Rogerson explained that the Agency is working hard to complete the complex investigation, but that legal challenges to the investigation in the civil courts have caused delays.
Mr Rogerson wrote: Once the investigation is complete and the matter has been legally reviewed, the Environment Agency will decide on any appropriate enforcement.
Legal challenge
A legal challengelinked to the case has been made by Churngold which claimed thatthe Environment Agency had unlawfully seized Churngold documents during the September 2012 raid.
In September 2012, the Environment Agency executed two search warrants under Section 108 of the Environment Act 1995, which permits it to enter premises and examine and take copies of any records deemed necessary for its investigation.
The case concerning the documents and records was heard first in the Bristol Mercantile Court under His Honour Judge Havelock-Allan QC.
The matter is now progressing in the courts and a final ruling is awaited.
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