On Friday 20 January 2012, G R Shorthouse Limited, were convicted in their absence at Kidderminster Magistrates’ Court.
They were convicted of operating a regulated waste facility without an environmental permit; and failing to ensure that Waste Transfer Notes* were correctly completed on three separate occasions.
The company was fined a total of £20 000 - £14,000 for the illegal waste operation, and £2,000 each for the three record-keeping offences. They were also ordered to pay £4410.90 in costs, along with a £15 victim surcharge.
The first charge was brought under the Environmental Permitting Regulations 2010. The second charge was under the Environmental Protection (Duty of Care) Regulations 1991 and the Environmental Protection Act 1990.
On 29 September 2010, a report was received by the Environment Agency that waste materials were being stored at a site on a piece of land in the Doddington Heights area managed by Gary Shorthouse.
The site is located on the side of Titterstone Clee Hill, parts of which are designated as a Site of Special Scientific Interest. It also lies on the boundary of the Shropshire Hills Area of Outstanding Natural Beauty.
Environment Agency officers first attended the site on 13 October 2010. They found waste materials in skips and on the ground. Records showed that there was no Environmental Permit for the site, and that a registered skip hire company, G R Shorthouse Ltd, was based there.
Mr Shorthouse was interviewed on 15 November 2010 as an authorised representative of the company. During the interview, he confirmed that he was a director of G R Shorthouse Ltd and that the company was a skip hire and transport business. He also confirmed that the company owned the skips filled with waste on the site and that there was no Environmental Permit in place.
Environment Agency officers made a series of visits to the site between December 2010 and May 2011. During these visits they regularly observed waste in skips and on the ground. G R Shorthouse Ltd were informed on a number of occasions that waste could not be stored at the site as it did not have an Environmental Permit, and that any waste present should be removed. This included both verbal and written warnings, including by letter.
By 29 June 2011, the waste materials had been removed, as had all but one of the skips. A final site visit on 5 August appeared to confirm that the waste had been permanently removed.
During the course of the investigation, the Environment Agency requested that G R Shorthouse Ltd provide Waste Transfer Notes, which provide a written record of the waste coming into and out of the site. The company supplied 294 transfer notes for the period between 15 January 2009 and 17 December 2010, however many of these documents were not completed correctly.
In mitigation, the court was told that the company had displayed a co-operative attitude during the Environment Agency’s investigation, and also that they had eventually come into compliance.
Speaking after the case, the Environment Agency officer in charge of the investigation said: “We take waste crime very seriously as it can have negative effects on the local area and community. For this reason we did not hesitate to take action against the company involved.”
* A Waste Transfer Note is a legal document that must be completed when waste is transferred from one party to another.
