Six men sentenced for waste permit breaches

The charges related to illegal storage of waste and blending of material to avoid paying a higher rate of landfill tax, the Environment Agency, which brought the case against the men, has said.

Kevin Malcom Burgess of Manton Forest Farm, Worksop, Warren Richard Steele of Drury Lane, Doncaster, David Vincent Berry of Orchard Court, South Normanton, Edward Charles Freeman of Stephen Hill, Sheffield, Martin Crowther of Chapel Rise, Anston, Sheffield and Peter Charles Sanderson of Peak Close, Bramley, Rotherham, were sentenced on Monday (30 October) at Sheffield Crown Court.

Four of the men worked as officers for Nottinghamshire Recycling Limited (NRL) and two worked for Park Farming Limited (PFL). Both companies went into administration during the period of the investigation and have since gone into liquidation.

Breaches

The permit breaches, which dated back to 2013 and 2014 related to sites at Worksop, Kiverton and South Anston and involved the illegal storage of waste outside of permitted areas, the Environment Agency claimed.

Waste was also blended at both the Worksop and Kiveton sites in an attempt to avoid higher rates of landfill tax, the Agency added.

Five fires were recorded at the Worksop site during 2013 and 2014 it was alleged.

The sentences imposed by the judge were as follows:

Kevin Burgess – 21 months immediate custodial sentence. Disqualification from being a director for seven years.

Edward Freeman – eight months custody suspended for two years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.

Warren Steele – six months custody suspended for two years with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.

Peter Sanderson – eight months custody suspended for two years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.

Martin Crowther – 12-month community order with a requirement to perform 80 hours of unpaid work. Contribution towards prosecution costs of £1,500.

David Berry – 12-month community order with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.

Investigation

Commenting after the hearing, Environment Agency waste regulatory specialist, Iain Regan, said: “This was a large and complex investigation, and one in which Nottinghamshire Recycling Limited at various stages deliberately attempted to mislead us as the regulator. Companies like NRL distort the waste market by unfairly undercutting legitimate waste businesses, making it difficult for compliant firms to compete. This causes erosion of the legal waste sector and standards‎, resulting in an industry which is vulnerable to domination by illegal operators who have no concern for protecting the public or the environment.

“We hope this case assures the legitimate waste industry and the public that we will investigate businesses who deliberately or recklessly flout the law, and that the sentences passed today send a clear message that behaviour as exhibited by NRL, PFL and their management is unacceptable.”

The full list of offences included:

1. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry, Edward Freeman and Peter Sanderson. Worksop offence.
2. Keeping controlled waste in a manner likely to cause pollution of the environment or harm to human health, contrary to Sections 33(1)(c), 33(6) and 157 of the Environmental Protection Act 1990 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Worksop offence.
3. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Martin Crowther, at the same place and time, did aid, abet, counsel and procure those persons to commit the said offence. Kiveton offence.
4. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess. Martin Crowther, at the same place and time, did aid abet, counsel and procure Kevin Burgess to commit the said offence. South Anston offence.