The Agency puts its decision down to it having limited resources and taking a proportionate view on risk. But investigations into the matter, thought to involve two or more recycling companies, are continuing.
 Material from Leeds in a container on arrival in Malaysia |
The issue stems from the exporting of material recovered from kerbside collections in the city, consisting of paper, cans and bottles. The three materials were compacted in bales for sorting and reprocessing in the Far East.
Under Transfrontier Shipment rules, exports of mixed household recyclables are classed as 'a;mber list' waste because they are mixed and may contain some residual waste. But, it is thought that Leeds failed to properly complete paperwork and did not follow proper procedures. The material is now believed to be going to the Kirklees materials recycling facility for sorting at a cost of about 40 a tonne.
An Environment Agency spokesman said: “The Agency has taken the decision not to take formal enforcement action against Leeds City Council, although the council has been reminded of its duty of care to ensure waste is dealt with in the proper manner. Our investigation into the conduct of the contractors employed by the council is still continuing and no decision has been reached on what action the Agency may wish to take against them.”
Policy
The spokesman continued: “The Agency has an enforcement and prosecutions policy and prioritises its enforcement work to pursue those who threaten human health and the environment. The action taken will be proportionate to the risks posed to the environment. This also makes the best of our limited resources.
“The policy requires the Agency to consider a number of factors when deciding on appropriate enforcement action. These include the environmental impact of the offence, the intent of the alleged offender, the previous history of the alleged offender and their attitude.
“Taking these factors into account, the Agency does not believe that it would be in the public interest to take enforcement action against Leeds city council for duty of care offences associated with the exports of recyclable wastes to the Far East.
“The Agency has recently met with senior representatives of the council to ensure there are no further problems or legal issues with respect to the way that recyclable wastes from the city are dealt with in the future. We are confident that a common understanding of the requirements has been achieved,” he concluded.
Investigation
The investigation into the contractors concerned is continuing and is focusing on whether or not proper procedures were followed for the export of the recyclables. One company has already been named in connection with the exports in a BBC programme screened in the Yorkshire region.
 Sorted and baled PET bottles |
The programme, which visited the wrong country to that which the waste was actually being sent, faced a number of criticisms of its approach. The named contractor, Cutts Bros, has vigorously defended its policy of exporting the materials for sorting in the Far East rather than sorting them in the UK first.
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