Nicholas Channer, 39, admitted to four charges of illegal waste activity, including burning waste, at Mop End Farm while his father David, 58, admitted to three charges.
The pair were sentenced at Aylesbury Crown Court last week (February 26) and ordered to pay a 600 fine for each charge. They also each had to pay 7,687 in compensation to the Buckinghamshire and Milton Keynes Fire Authority, who had attended the site on four separate occasions in 2010 and 2011, and 9,977 in costs.
His Honour Judge Sheridan also imposed a two-year Community Order on both defendants with a prohibited activity requirement to help prevent any future illegal activity at the site. The Community Orders mean they have to notify the Environment Agency and Chiltern district council 48 hours in advance of any intended movement of controlled waste onto their property or the burning of any waste. Failure to comply with the order could result in further legal action with a fine of up to 50,000 or five years in prison.
Complaints
Complaints had been made to the council about waste being burned at Mop End Farm since November 2009.
Environment Agency officers attended the site on a number of occasions and observed an assortment of waste being burned including mattresses, carpet underlay and treated wood such as window frames, despite advice and guidance being given to both Nicholas Channer and David Channer and a formal warning letter being issued.
The Agency said Nicholas Channer was described by his father as running things 90 per cent of the time and added that he later sought to distance himself from having any management responsibility for the farm business.
According to the Environment Agency, neither David nor Nicholas Channer held a Waste Carriers Licence to entitle them to transport waste between the various properties which they either owned or controlled, or to bring waste onto their site which had been collected from third parties. It added that Nicholas Channer did not obtain a waste licence for his tree care businesses until 2011.
Prosecutor Karen Maxwell-Burnside told the court that David Channer was granted three agricultural waste exemptions on June 1, 2007 for Mop End Farm, but this did not cover the burning of construction and domestic waste.
Stark reminder
The decision was welcomed by the Environment Agency. Officer Gordon White said: We welcome the Community Orders and fines given to Nicholas and David Channer today. This is a stark reminder that illegal waste activities will not be tolerated and those responsible will be punished accordingly.
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Our role at the Environment Agency is to ensure those businesses and organisations that deal with waste comply with the law. These laws are in place to protect peoples health and the environment.
In addition, Stephen Braund of Chiltern district council, who has been heavily involved with this case, expressed the councils commitment to continue multi-agency cooperation to crack down on waste crimes.
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