The warning came after two “reputable companies with no previous convictions” were fined a total of 20,000 when it was found the firm they sent waste fridges to for disposal did not have a licence to take whole fridges.
In what Llandrindod Wells magistrates called a “very serious case”, Llanidloes-based Sundorne Products was fined 10,000 with 989 costs, while Northampton-based Carr Brothers Ltd was fined 8,000 with 989 costs on Tuesday.
The charges related to a Knighton company, Industrial Plastics Recyclers Ltd, which was found by Agency inspectors to have stored 6,465 fridges at its Ludlow Road site during October and November 2002.
”Companies producing and delivering waste have a duty of care to ensure that the company receiving the waste is authorised to do so.“
– John Bateman, EA
Although the company now has a Waste Management Licence in place to accept waste foam and plastic from fridges – but not whole fridges – Sundorne Products and Carr Brothers were found liable for the licence breech in 2002.
Duty of Care
Under 'D;uty of Care' regulations in the Environmental Protection Act 1990, a person supplying waste is required to make sure that type and quantity of waste can be accepted by the receiving party by examining a licence.
Speaking after the case, John Bateman, the Agency's officer involved in the investigation, said: “In order to minimise the risk waste poses to the environment, companies producing, carrying and delivering waste have a duty of care to ensure that the company receiving the waste is authorised to do so. Both parties in their case failed to do this. Companies are always able to contact the Environment Agency if they are unsure about whether a company is permitted to accept a certain type of waste.”
Sundorne Products, which provides waste disposal facilities for Powys county council and the surrounding area, had told the Agency that it had asked Industrial Plastics Recyclers if the company could accept fridges and had been told it could.
Sundorne's managing director admitted he did not check IPR's entire licence and the director of haulage firm Carr Brothers said he had not asked to see the waste management licence, but that the company had relied on what it had been told by Sundorne.
Speaking on behalf of the defendants, Mike Driver told the court the two companies were reputable and that they had no previous convictions.
Industrial Plastics Recyclers and its managing director Clifford James Matthews will face charges at a magistrates hearing in Llandrindod on February 24.
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