Illegal waste sites cost Essex landowner 255,000

Kevin Patrick Henry O’Sullivan was ordered last week (April 3) to hand over the money under the Proceeds of Crime Act. He was also fined 34,985 plus a 15 victim surcharge and ordered to pay a contribution to the Agencys costs of 13,000 by Chelmsford Crown Court for allowing his tenants to operate illegally.

Mr O’Sullivan, aged 66, of Chivers Road, Essex, owns Morelands Industrial Estate at Rettendon Common, Chelmsford, where he let 16 units for vehicle breaking, skip waste transfer, waste burning and scrap storage.

The court heard that some of the waste stored at the site was hazardous and had contaminated the ground. The units did not have concrete surfaces or proper drainage to protect the environment and the waste was being treated and stored without supervision.

Plastics, rubber and treated wood had also been burned illegally causing a nuisance and could have been harmful to health. Mr OSullivan pleaded guilty to 13 charges.
Mr Sailesh Mehta, the barrister prosecuting for the Environment Agency, told the court that Mr OSullivan had let the units with no written agreements.

Investigation

Police aerial photography showed illegal waste activities on site in July 2009. Environment Agency officers went to the site on various dates in 2010 to investigate the various illegal waste operations however the illegal activities continued between January and December 2010. Mr OSullivan was interviewed three times and written to twice in August 2010 explaining that he must not allow illegal waste operations on his land.

Mr OSullivan told investigation officers that the site had planning permission for general light and heavy industrial use. He also said that 80% of the tenants did not speak English so he had not checked with them about the need to have a permit. He assumed everyone on site had a permit.

In mitigation, Mr Stephen Walsh QC said the site had been used for industrial purposes since the early 1900s. He said that Mr OSullivan had now obtained a permit for one unit to allow for legal depollution of vehicles. OSullivan had served notices to quit on his tenants who were operating illegally.

The Agency said an extensive clean-up was needed for many of the sites.

Notorious

After the hearing Environment Agency officer Tim Sheppard said: This result follows considerable effort by the Environment Agency to bring a notorious industrial estate into compliance with the law.

There is more to be done in other places and I hope that landlords with scrap waste sites on their land will take their responsibilities regarding their tenants activities seriously. The Environment Agency wants to make sure serious waste crime doesnt pay. We have specialist crime teams to catch criminals and confiscate the assets theyve gained from crime.