First EA prosecution brought against WEEE scheme

A Gateshead-based WEEE compliance scheme has become the first to face legal proceedings brought by the Environment Agency for alleged non-compliance with the WEEE Regulations.

WEEE Light Ltd, formed by WEEE compliance firm AVC WEEEco Ltd in 2008, appeared before Sheffield Magistrates Court last Thursday (July 23) faced with two charges of non compliance, said to have occurred in 2010.

The Agency claims that WEEE Light failed to comply with a viable plan to collect an amount of WEEE equivalent to the amount for which it was responsible for financing under regulation 41 of the Waste Electrical and Electronic Regulations 2006.

Charges

The company also faces charges that it allegedly failed to inform the Agency in writing of a material change in the operational plan it had submitted by using two approved authorised treatment facilities to treat WEEE which were not mentioned in the operational plan.

However the company insisted that the case hinged on a disgreement between itself and the agency over a technical matter.

Speaking to letsrecycle.com, a spokesman for WEEE Light Ltd said: WEEE Light Ltd, since its formation in 2008, have always communicated and continues to communicate with the EA on all issues. A technical matter arising from the 2010 compliance period, on which we disagree, will now be resolved by a Magistrate and we see no need for further comment.

No pleas were entered at Thursdays hearing, and the case has been adjourned until the morning of September 14, when a committal hearing will take place, where it will be decided if the case will be heard at magistrates or crown court.

A spokeswoman for the Environment Agency said that the Agency could not comment in detail as the case was still at an early stage, but said the case is significant as it is the first of its kind in the WEEE sector.

The Environment Agency charges against WEEE Light Ltd:

• That during the period 1 January 2010 to 31 December 2010, as the operator of a scheme approved under regulation 41 of the Waste Electrical and Electronic Regulations 2006 (as amended), WEEE Light Limited failed to continue to meet the requirement for the approval of its scheme in Schedule 7, Part 4, paragraph 4 of the said regulations, in that it failed to comply with a viable plan to collect an amount of WEEE equivalent to the amount of WEEE for which it was responsible for financing under the said regulations, contrary to regulation 43(i) of the said regulations, this being an offence under regulation 73(3)(a) of the said regulations.

• That during the period 1 January 2010 to 31 December 2010, as the operator of a scheme approved under regulation 41 of the Waste Electrical and Electronic Regulations 2006 (as amended), WEEE Light Limited failed to inform the Environment Agency, as the appropriate authority, in writing of a material change in the operational plan it had submitted in accordance with regulation 41(4)(b)(iii) of the said regulations within 28 days of this change occurring, this material change being its use of two approved authorised treatment facilities operated by TLC Ltd to treat WEEE which were not mentioned in the operational plan, contrary to regulation 43(d)(ii)(dd) of the said regulations, this being an offence under regulation 73(3)(a) of the said regulations.