The Kent-based waste and recycling firm pleaded guilty at Canterbury Magistrates Court last week (October 30) to charges relating to its activities between January and July 2011. The firms associated company, FGS Agri Limited and their joint director, Trevor Heathcote, were also fined after pleading guilty.
Countrystyle Recycling and Mr Heathcote also pleaded guilty to Duty of Care offences associated with the movement of screening fines – the waste produced by the processing of skip and dustcart waste – at their waste transfer stations at Folkestone and Strood during the same period.
The Court heard that Countrystyle Recycling was identified as tipping waste screening fines on a driving range in Chatham and an inert landfill in Maidstone in the autumn of 2010. The Environment Agency said the waste was not suitable for these sites and the accompanying paperwork had inaccurately described the waste as soil. Agency staff advised the company of these failings, but a subsequent investigation identified waste screening fines from the Folkestone and Strood waste transfer stations were illegally deposited on at least three sites between January and July 2011.
The Environment Agency investigation also found several instances of screening fines being removed from Countrystyles Folkestone site without the correct paperwork being completed, without the correct rate being paid for the disposal of the waste and the waste that had been removed was being described incorrectly.
It added that 29 lorry loads of waste, which were identified as being inaccurately described as aggregates on the Duty of Care documentation, were deposited on a farm next to the River Beult and spread between an arable field and ponds. FGS Agri had registered an exemption with the Environment Agency to import waste to the farm for use in construction projects. However, screening fines could not be deposited on the farm under this authorisation. Analysis confirmed that this waste had the potential to pollute the ground and watercourse and it was removed.
Investigation
As part of the same investigation, haulier Mark Luck Limited from Swanley, Kent, had previously pleaded guilty at Chatham Magistrates Court on August 28 2012 to depositing waste screening fines from the two Countrystyle sites on a golf course using fraudulent Duty of Care notes.
The Agency said in the first three months of 2011 the haulier removed waste screenings from both waste sites, which the related Duty of Care notes falsely described as soils.
The Agency identified that such waste had been tipped on a golf course but due to the fraudulent paperwork could not identify the source at the time as being Countrystyles waste transfer stations. Mark Luck stopped moving waste for Countrystyle Recycling in March 2011.
When contacted by letsrecycle.com Mark Luck Limited said it did not wish to comment.
In total, the three firms and Mr Heathcote were fined 233,670. Trevor Heathcote, director and owner of Countrystyle Recycling and FGS AGRI, was fined 86,000, ordered to pay 15,000 costs and a 15 victim surcharge. Countryside Recycling was fined 46,000, ordered to pay costs of 7,500 and a 15 victim surcharge. FGS AGRI Limited was fined 40,000, required to pay 7,500 and a 15 victim surcharge. At the previous court case, Mark Luck Limited was fined 26,700, ordered to pay costs of 4,910 and a victim surcharge.
Crime
Commenting on the offences, Jamie Hamilton, investigating officer for the Environment Agency, said: The Environment Agency will not tolerate large waste companies failing in their Duty of Care, manipulating their paperwork or illegally depositing polluting waste for financial gain.
Waste crime puts the environment and human health at risk and undermines legitimate businesses. The waste industry is well aware of its responsibilities with regards to the disposal of waste screening fines. Companies that subsequently make the decision to use sites such as golf courses, farms and inappropriate waste sites for the cheap disposal of such waste should not be surprised when they are prosecuted.
Countrystyle
FGS Agri provides the Countrystyle Group with an outlet for its waste to land products. Compost produced by Countrystyles in-vessel composting facility is returned to land by FGS Agri and used as a soil enhancer.
A joint statement issued by Countrystyle and FGS Agri said: Countrystyle Recycling Limited, FGS Agri Limited and their chairman, Mr Trevor Heathcote are committed to operating to high standards in order to ensure the continued protection of the environment and therefore all parties regret and apologise for the misinterpretation of an existing exemption and failure to follow internal protocols, which led to this prosecution.
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All parties involved fully co-operated with the Environment Agency throughout its investigation and we would like to stress that this was an isolated case that the Environment Agency acknowledged did not cause any environmental damage. It is also relevant to note that these are the first such offences brought against the parties. Improvements continue to be made to Countrystyle Recycling Limited and FGS Agri Limiteds operational protocols and procedures to reflect their status as the leading independent operators in both the resource management and agricultural contracting markets.
The news comes less than a week after Tamar Energy bought Countrystyle Groups organics arm (see letsrecycle.com story).
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