Plastics waste exporter fined for breaching shipping rules

Accredited by the Environment Agency as a “large plastics exporter” under the packaging producer responsibility system, Coventry-based P&P Hong Kong Trading Ltd was caught in June 2006 trying to send out a container of plastics, metals and paper to Hong Kong.

The company was ordered by Cardiff magistrates last week to pay £3,000 on each of three charges under the Transfrontier Shipment of Waste Regulations, as well as full costs of £2,449 to Environment Agency Wales, which brought the prosecution.

The case arose following a routine dockside inspection at Southampton Container Terminal on June 11, 2006, in which a shipping container destined for China was inspected by Agency officers.

The container was found to contain plastics, metals and paper.

Under the Regulations, this would have meant the exporter having to notify the Agency of its intention to export the container before sending it out – as well as providing a financial guarantee for the shipment.

P&P Hong Kong, which is listed within the Agency's PERN accreditations as being run by Nick Lee, had also failed to get the proper consent from the country of destination for the shipment, as required by the Regulations.

Investigated

The Agency's South East Wales Area Environmental Crime Team had the container sent back to its original loading point – at the Biffa Waste Services site at Roath Dock in Cardiff.

There the load was fully investigated, and during an interview the Agency said the defendant clearly admitted to wrongfully assigning the waste contrary to the Transfrontier Shipment of Waste Regulations and Waste Shipment Regulations.

After the hearing Steve Barker, Agency senior enforcement officer said: “We take cases such as this very seriously. The legislation is in place is to ensure that any waste exported from the UK is done so in an environmentally sound manner, for recycle or re-use. We hope this case acts as a warning to others before they consider committing any similar offences.”

Mr Barker told letsrecycle.com that Biffa, the company which had sold the waste to the export firm, had fully complied with its Duty of Care as far as the Agency was concerned, so was not involved in the case.

Under the Regulations, it is not illegal to export mixed recyclable waste abroad for recycling, but only single-stream uncontaminated materials can be sent out without notification, consent of the destination country and the requirement for a financial bond to be in place in case the shipment is sent back.

However, if materials are mixed, it must be shipped with the notification, bond and consent in place.