Call on 0844 2722322

Direct Access and Referral Barrister.
at St Pauls Chambers, Leeds & Gough Square Chambers, London

Depositing Controlled Waste

Jeremy has been instructed to represent the Directors of a waste transfer station that supplied waste to a site that was being monitored by the Environment Agency. They also transported waste to the site. It is alleged that this waste contained inert and non inert material.

 

 This case concerns an allegation of knowingly causing or permitting controlled waste, namely non inert waste to be deposited on land. that did not benefit from an environmental permit, contrary to s 33(1) (a) of the Environmental Protection Act [EPA] 1990.

The case concerns allegations that various companies have avoided paying between £767,640 and £1,023,520 landfill payments.

The offences are alleged against the company and also the directors in their personal capacity the said offence having been committed with their consent or connivance, or to have been attributable to their neglect as a director contrary to s 33(1)(a) and 157(1) of the EPA 1990.

It is a defence for a person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.  The maximum  sentence  on summary conviction is  imprisonment for a term not exceeding 12 months or a fine not exceeding £50,000 or both; on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

For any advice and assistance for issues like these please do call Jeremy on 0844 2722322 or submit a comment below. Jeremy will come back to you at the earliest convenience.

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