Luke Barker, director of Arcwood Recycling Ltd, Ilkeston, pleaded guilty in February to charges relating to the pollution of the Erewash Canal, in which firefighting water run-off killed thousands of fish over a 6km radius in September 2012 and led to a 200,000 clean-up operation.
At the same time, Derbyshire Fire and Rescue Service was prosecuted for offences under the Regulatory Reform (Fire Safety) Order 2005.
The Arcwood site, which consists of a former dispatch yard and wood recycling yard, had gained a full environmental permit in January 2012 under the name A1 Pallets Ltd prior to Mr Barker becoming director in March that year.
Environment Agency officers recorded concerns of poor or non-existent management systems for the site throughout 2012, and warned the large amount of wood stored at the yard could not be separated properly.
During this time, site owners Saint Gobain received complaints relating to the amount of wood being stored at Arcwood Recycling, which had damaged the perimeter fence.
By July 2012, a compliance assessment report had been sent to Arcwood Recycling detailed a breach in permit condition preventing waste being stored for more than three months.
Fire
And, following a fire at a nearby wood recycling plant that month, Mr Barker was also given information relating to the size of timber piles, how they should be separated and also asked to provide on-site security. Despite the warning, a blaze erupted at the site on September 15 2012, which resulted in an 11 day firefighting operation.
In accordance with the agreed action plan, Mr Barker assisted the operation by using machinery to make fire breaks in an attempt to allow the fire to burn itself out. However, mobile phone footage showing wooden pallets being burnt on site promptly resulted in a suspension notice.
In imposing his sentence at Derby Crown Court yesterday, the Judge remarked that Mr Barker’s culpability was high and that there had been a flagrant disregard for warnings given. As well as a custodial sentence, Mr Barker was disqualified from being a director for 8 years.
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Speaking after the case, an Environment Agency officer in charge of the investigation said: By not taking our advice, there has been a significant impact on local wildlife, as well as the high costs of responding to the incident. This prosecution demonstrates that we will not hesitate to prosecute those who put human health and the environment at risk.
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