21/04/2006 - On 20 April
2006 Peak Waste Recycling Limited pleaded guilty
at Derby Magistrates’ to two charges under the
Environmental Protection Act for despositing waste
containing asbestos and hypodermic needles and
subsequently failing to prevent the escape of
the waste when it encroached on a public footpath.
The charges were brought by
the Environment Agency under Section 33 and Section
34 of the Environmental Protection Act 11000.
The company was fined £7,500.00 and ordered
to pay costs of £1000.00
Speaking after the case, Tim
Ross, an Environment Agency officer involved in
the investigation, said: ‘We had no choice but
to take legal action against Peak Waste Recycling
given the nature of the waste and sensitivity
of the location. Leaving asbestos and hypodermic
needles in an area open to public access presented
a significant risk to human health and the surrounding
environment.’
For the Environment Agency,
Kiran Cassini told the court that on 21 January
2005 Peak Waste Recycling picked up one of its
skips from an address in Derby, 6 Arboretum Square.
The skip was transported back
to the company’s licensed site at Wood Lane, Kniveton.
The skip was emptied and it was discovered that
the waste included cement sheet asbestos and used
needles and syringes underneath general building
waste. The site was not permitted to accept asbestos
or clinical waste under the terms of its waste
management licence. Prior to this date another
skip had been collected from the same site. It
also contained a small amount of asbestos and
clinical waste. Given the small amount of waste
on this occasion Peak Waste Recycling Ltd was
able to deal with disposal.
On 21 January 2005 a decision
was made by Peak Waste Recycling Ltd to return
the waste to the producer. The waste was reloaded
into the skip and the producer of the waste contacted.
The skip was then transported back to 6 Arboretum
Square, Derby and the contents tipped onto ground
in front of the address. Some of the waste was
subsequently dragged onto a public footpath running
in front of the property.
The incident was reported to
Derby City Council, who contacted the waste producer
and requested the clean-up of the site. This did
not occur and the council reported it to the Environment
Agency.
On 16 March 2005 the contaminated
waste material was subsequently cleared from the
public highway by contractors arranged by the
Environment Agency.
In mitigation the court was
told that Peak Waste Recycling Ltd only had a
limited role to play in this incident. On receipt
of the unsuitable load they made contact with
the waste producer who had given clear instructions
to deposit the waste back at the site. The company
accepted that greater care should have been taken
when returning the waste so that it did not spill
on to the public footpath.
