12-Jul-2006
- A Wigan man has been given 240 hours community
service and is subject to a community order for
18 months for keeping controlled waste without
the necessary controls to prevent harm to human
health and the environment.
John James McGovern was also
ordered to pay £2,800 costs to the Environment
Agency, which brought the prosecution, after admitting
two offences of failing to comply with the conditions
of his Waste Management Licence for his business
as a scrap car dismantlers at Bickershaw Commercials,
Bolton House Road, Wigan.
A Waste Management Licence is
needed to dispose of, treat or keep waste on land.
Licensed sites are inspected regularly by Environment
Agency staff to check the licence conditions are
complied with.
Wigan Magistrates’ Court was
told that the site had been licensed since September
1996. One of the conditions of the licence requires
that any vehicles and parts containing liquids
are stored on an waterproof pavement with a sealed
drainage system and an oil catch pit to prevent
polluting liquids seeping into the ground.
Following site inspections,
which confirmed this condition was not being complied
with, an enforcement notice was issued in December
2004. At a further site inspection in April 2005
an Environment Agency officer found 20 scrap vehicles
awaiting treatment and 11 burnt out scrapped cars.
Only one small section of the yard was concreted
and there was no sealed drainage system.
A notice suspending the licence
was issued in May 2005 but site inspections in
May 2005 and July 2005 revealed that Mr McGovern
was still keeping untreated vehicles on unsuitable
ground.
Jennie Frieze, prosecuting for
the Environment Agency, told the court that Mr
McGovern has never complied with this condition.
One of the magistrates told
Mr McGovern that there was no evidence of pollution
but had there been he would have received a custodial
sentence.
Speaking after the hearing Environment
Officer John Sweeney said: "Mr McGovern was
given numerous opportunities to bring his site
up to an acceptable standards. The work was not
carried out and the scrapyard posed risk to the
environment. Regrettably Mr McGovern refused our
advice and showed no interest in running his business
responsibly.
"The Environment Agency
works to protect the environment and to ensure
responsible businesses aren’t undercut by sites
with poor environmental standards, working outside
of the law. This case should send a strong message
to those dealing with scrap vehicles. Scrap cars
contain hazardous materials such as waste oils
and antifreeze and must be stored and dismantled
in a way that safeguards the environment or operators
risk prosecution."
"When scrapping our old
cars we can all play our part in helping to protect
our local environment by ensuing they are sent
to a professional and authorised dealers"
Companies can find out about
their environmental responsibilities by contacting
the Environment Agency on 08708 506 506 or visiting
www.netregs.gov.uk. The site provides guidance
on how to comply with environmental law as well
as good advice on environmental practice.
Members of the public can report
environmental incidents by contacting 0800 80
70 60.
Notes
On 11 July 2006 at Wigan Magistrates’
Court, John James McGovern, of Naylor’s Farm,
Bickershaw Lane, Wigan, pleaded guilty to the
following offences:
Between 12 April 2005 and 29
June 2005 at Bolton House Road, Bickershaw, Wigan,
he failed to comply with Condition No. 4.1 of
Waste Management Licence No. WML/0930, contrary
to section 33(6) of the Environmental Protection
Act 11000.
Between 16 May 2005 and 29 June 2005 he kept controlled
waste on land at Bolton House Road, Bickershaw,
Wigan other than under and in accordance with
a waste management licence, contrary to section
33(1)(a) and 33(6) of the Environmental Protection
Act 11000.
Alix Bell