EA secures first ever prosecution of WEEE producer

A Birmingham-based hairdressing supplies wholesaler has become the first ever company to be prosecuted for failing to meet its obligations as a producer under the UK WEEE Regulations.

In a prosecution brought by the Environment Agency, Aston and Fincher Ltd was last week (September 3) ordered to pay £30,905.11 in fines, compensation and costs after pleading guilty to 31 charges in relation to not complying with both the WEEE and packaging regulations.

For the Environment Agency, Jill Crawford told the court that the Agency had, as a result of routine investigations, found that the company imported a range of electrical items into the UK but had failed to comply with the requirements this placed on them under the WEEE Regulations since they came into force in 2007.

And, the Agency also found the company had, in each year from 2001 to 2008, also committed offences in relation to the packaging regulations, which require all companies handling packaging as manufacturers, pack fillers, sellers, importers or leasing firms to register and fund packaging recycling.

Commenting on the significance of the prosecution after the case, Hannah Wooldridge, an EA officer leading in the investigation, said: “This is the first prosecution of a business for offences under both the Packaging regulations and the similar producer responsibility legislation for electrical equipment.

“It should send a strong message out to all companies who do have producer responsibility obligations to ensure that they comply with the legal requirements placed on them.”

She added: “Businesses have a responsibility for what happens to their waste and ignorance is no defence – it's a company responsibility to ensure they are fully compliant with all legislation.”

Obligations

The Agency explained that, by failing to comply with the packaging regulations, Aston and Fincher avoided paying around £10,900, while its failure to comply with the WEEE Regulations meant it avoided paying £445 as well as the unknown cost of meeting its WEEE recycling obligations for 2008.

It said this gave the firm an “unfair” competitive advantage over businesses which had complied with regulations.

The amount Aston and Fincher was ordered to pay included £650 for each offence it pleaded guilty to – to a total of £20,150 – as well as £7.135 in compensation to the Environment Agency for loss of registration fees, costs of £3,605.11 and a £15 victim surcharge.

In mitigation, the company's secretary said it was not a deliberate intention to evade the regulations, the company had simply not been aware of them. He added that it was now compliant with both sets of regulations and had pleaded guilty at the first available opportunity.

A spokesperson for Aston and Fincher Ltd, which runs 26 warehouse sites around the UK, was today (September 7) unavailable for comment.

While the prosecution is the first to be brought specifically against a producer under the WEEE Regulations, January 2010 saw the first to be brought against anyone under the legislation, with SITA Metal Recycling being fined over offences relating to errors in issuing WEEE recycling evidence (see letsrecycle.com story).