Norfolk waste firm told to pay back crime proceeds

Rory J Holbrook Ltd was also fined £30,000 and ordered to pay £20,000 in prosecution costs at the Norwich Crown Court sentencing.

The Court was told that the firm had taken materials to its Yarmouth Road site where waste was treated and sold off-site between March 2011 and November 2012. The remainder formed the basis of a golf course.

Mark Watson, representing the Environment Agency, said that when officers had first visited the site they had discovered piles of various construction wastes.

Although Rory J Holbrook Ltd registered for an exemption for the site, the permit only allowed the use of suitable waste for small scale construction to avoid the use of virgin raw materials.

Mr Watson added that the limit under the exemption was set at 5,000 tonnes of aggregates, but company records revealed that 94,000 tonnes had been taken to the site.

He argued there was evidence the company had taken waste from a groundworks company, a contractor for two developers who were building at nearby sites, one of which required remediation due to historic soil contamination. Some of this waste had been treated at the Blofield site and sold.

The exemption did not allow the treatment of waste, and also did not allow for the use of any contaminated soil.

Mr Watson said that in essence, the company had been ‘running a waste transfer station’, with a turnover from the site in excess of £500,000 and additional financial gain by not paying permit applications and subsistence fees.

Breach

In response, company representative Andrew McGee said that it was not a deliberate breach of the law but a negligent breach. He said the company kept consistent records and co-operated with the investigation.

But Judge Katherine Moore found the culpability of the company to be ‘significantly reckless’. She made a confiscation order to include the avoided tipping fees, avoided permit fees and money made from selling aggregates from the treatment of waste.

After the hearing investigating Environment Agency officer Louise Howard said: “Abuse of low risk exemptions to operate waste sites which require full environmental permits, is not something the Environment Agency tolerates.

“Illegal waste sites of this sort impact on the legitimate waste trade by undercutting and have the potential to adversely impact the environment. Along with investigating and taking enforcement action against these crimes, we are also making greater use of the Proceeds of Crime Act to further deter repeat offending.”

When contacted by letsrecycle.com, Rory J Holbrook Ltd was not available for comment.