The regulator said that Chris Hutton, 62, of Short Cross Road, Mount Hawke, Truro, pleaded guilty to two charges of operating his business without an environmental permit at Truro Crown Court in March 2020.
The Agency said that it went back to the court with a Proceeds of Crime application against Mr Hutton and was awarded £198,000 last week (28 October). It added that Mr Hutton was also sentenced for the offences, fined a total of £10,000 and ordered to pay £29,000 in costs.
One charge related to the deposit and storage of controlled waste on land at Mawla, Porthtowan, while the other concerned the deposit and storage of controlled waste on land adjacent to a Western Power Distribution sub-station near St Agnes, the Agency said.
According to the Agency, Mr Hutton has a maximum of six months to pay up or face 18 months in prison if he fails to pay the £198,000. If he fails to pay the fines and costs, the Agency continued, he could face three months’ imprisonment.
Environmental harm
The regulator said that Judge Carr, presiding over the case, heard that the usage of both sites for business could have led to environmental harm, particularly the one close to an electricity sub-station. It explained that the Mawla site was shielded from view by the public with a bund erected around it.
The Agency said that Mr Hutton had continued to operate the sites after being interviewed under caution by its officers.
The court heard Mr Hutton had a previous conviction for a similar offence from 2001, the Agency continued. The judge told him: “Regulations are there for a reason. You gained a competitive advantage over others by not being licenced or permitted. You were given warnings and chances but failed to comply.”
Commenting on the conviction, Stephen Clark from the Agency said: “Craig Hutton deliberately operated the business without the required permits, threatening the environment and earning thousands of pounds from customers.
“The Environment Agency will vigorously pursue those who flout the law in this way, and who undermine legitimate businesses.”
Disputed claims
Despite pleading guilty in court, when contacted for comment, Mr Hutton told letsrecycle.com that the storage of waste was done on his own property and there had been “no damage to anyone or the environment”.
Mr Hutton said that the business had “not been affected” and that his customers were “fully sympathetic”. “They know how much I do for the environment,” he claimed.
He also disputed several of the Environment Agency’s claims.
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