Maximum fines in overseas shipment case

Family-runmetal recycling businesses BW Riddlewas one of two companies to be fined yesterday (February 23) for the illegal export of 259 tonnes of mixed waste to China.

Ten containers from Bourne in Lincolnshire were stopped at the Port of Felixstowe on a routine inspection and found to have contents not suitable for export to China under international convention, designed to protect human health and the environment.

All the containers were loaded at BW Riddles metal recycling and vehicle dismantling site in South Fen Road inBourne in May 2011. Partner Colin Riddle admitted breaching the regulations and also failing to fill in paperwork correctly describing the waste. He was fined 5,000, the maximum for the illegal shipment offence, and 4,000 for failing in his duty of care.

Chungs UK Ltd, which sources and exports scrap metal and plastic to sell, mainly to China, also pleaded guilty to breaching the regulations and was fined 5,000 by Grantham Magistrates Court, the maximum for the offence when heard in the magistrates court.

The businesses were also each ordered to pay 6,500 towards costs.

China

Mrs Miriam Tordoff, prosecuting for the Environment Agency, toldGrantham Magistrates’ Courtthat the UK and China are both signed up to the convention which aims to moderate waste movements across boundaries, encourage treatment and disposal of hazardous waste as close as possible to its generation and minimize the generation of hazardous and other wastes.

She told the court that although the loads were not hazardous, samples showed that the mix was not right for automatic export to countries signed up to the convention and could only be exported with a proper description and to a country happy to accept it, knowing what it contained.

China had not agreed to accept the waste from Bourne and the lack of description of the waste meant there was no prior agreement to show that it would be managed in an environmentally sound way. Permission would also have been needed from the Environment Agency.

She said both companies had admitted that it was not the first time they had exported this type of waste to China without notification or consent of the authorities.

Transfer notes

On the transfer notes the waste was described as Type A with a waste code indicating aluminium from construction and demolition waste. Instead, the containers held a mix of steel car parts, copper wiring, aluminium foil and alloy parts, rubber and plastic hoses, jubilee clips, pieces of car tyre, pieces of upvc window frames, plastic car parts, rubber car belts, circuit board, chipboard and wood fragments, glass, foam, brick and stone.

After the hearing Environment Agency officer Claire Parker said: Preventing the illegal export of waste is a top priority for the Environment Agency and we will take action where we find evidence of illegal waste movement.

The law is clear it is always illegal to export waste from the UK for disposal. It can only be exported for recycling but not if it is hazardous as it can harm people and the environment.

Anyone wishing to export waste must make sure they fully understand the UK legislation and the laws of the country the waste is going to before they arrange the export. If in doubt they should contact us for advice first.

BW Riddle

Commenting on the case, B W Riddlestressed that the company wasa partnership and it wasColin Riddle who had been charged and pleaded guilty to a breach of s23(B)(2) of the Transfrontier Shipment of Waste Regulations 2007 and s34(1)(c)(ii) of the Environmental Protection Act 1990.

The company said that Mr Riddlehad worked in the recycling industry for nearly 40 years without any previous environmental convictions and had assisted th Environment Agencythroughout their investigation.

It added that Mr Riddleunintentionally breached the Transfrontier Shipment of Waste Regulations 2007 as he was not aware that the sale of non hazardous mixed waste comprising mainly of metal, plastics and rubber to an exporter, exporting to China, was subject to specific requirements due to the waste being mixed waste and China not being part of the Organisation for Economic Co-operation and Development or OECD. He also said thathis failure to complete waste transfer notes so as to provide an accurate description of the waste being transferred was a technical breachand also one hedid not intend to commit.

Exports

In a statement, the companysaid: “The sale of the non hazardous mixed waste to Chungs Uk Ltd stopped immediately upon being notified by the Environment Agency that the containers had been stopped at the Port of Felixstowe. There have been and will be no further exports of such waste in contravention of the Regulations. Mr Riddle understands that Chungs UK Ltd have now put in place the required procedures (including a financial guarantee, contracts and insurance) to export the mixed waste to China and await approval from China to export the mixed waste. When Chungs Uk Ltd receive such approval and the Environment Agency accept that the non hazardous mixed waste may be exported Mr Riddle will consider recommencing the sale of such waste to Chungs Uk Ltd.”

As to the second offence Mr Colin Riddle has introduced new transfer notes and further training for him and his staff to ensure future compliance when completing waste transfer notes.

In conclusion, the company said:”Mr Colin Riddle was surprised and disappointed to be told that he was in breach of the Transfrontier Shipment of Waste Regulations and accepts the penalty imposed by the Grantham Magistrates. As the matter could have been referred to the Crown Court where the fine is unlimited he acknowledges that the credit given by the Magistrates for not passing the matter for sentencing in the Crown Court meant the maximum penalty was thereby imposed. As to the breach of 34 of the Environmental Protection Act Mr Colin Riddle again is disappointed that an offence was committed and accepts the penalty, being less than the maximum penalty.”