12 week curfew for depositing tyres on farmland
For two years Adrian Last illegally stored waste tyres on disused farm land in Louth while trading as The Branch/Crusade on Waste.
Yesterday (Monday 27 January), Boston Magistrates Court sentenced him to a 12 week electronically monitored curfew.
Last will be required to stay indoors between the hours of 8pm and 3am. The Court also told him he would pay £500 towards the Environment Agency’s costs.
Last’s defence solicitor told the Court that Mr Last had been suffering with a number of health problems and had lost his job which contributed to him being unable to clear the site.
Magistrates told Last that they found his offending to be deliberate and financially motivated.
Miss Emma Cranfield, prosecuting for the Environment Agency, said Last told investigating officers he thought up to 6,000 tyres had been taken to the farm in Fulstow.
He also told officers that he bought the tyres and sold on those that were re-usable. He estimated 30 per cent were suitable for selling on. He said he had been ill which meant he had been unable to clear the site.
Miss Cranfield explained to the Magistrates that Last had registered some waste exemptions with the Agency for waste recovery and recycling but the exemptions were either not relevant to the activities seen on site or the conditions of the exemptions were being breached.
“Last failed to respond to advice given by our officer. He was given ample time to clear the site,” said Miss Cranfield.
After the hearing Environment Agency officer Rob Flint said: “This sort of waste activity can harm the environment and because of the numbers and the way they were stored there was a very real fire risk.
“Everyone who disposes of waste has a duty of care to ensure their waste is handled correctly.”
1. Between 21 December 2011 and 27 February 2013 on land at Harness Farm, The Moorings, Bridge Lane, Fulstow, Louth, LN11 0XP you did operate a regulated facility, namely a waste operation for the deposit and storage of waste, without being authorised by an environmental permit granted under Regulation 13 of the Environmental Permitting (England and Wales) Regulations 2010.
Contrary to Regulation 12 (1)(a) and 38(1)(a) Environmental Permitting (England and Wales) Regulations 2010
2. You failed, without reasonable excuse, by Friday 25 January 2013, or at all, to comply with the requirement in a notice dated and served on 26 November 2012 pursuant to section 59 (1)(a) and (b) of the Environmental Protection Act 1990 to remove controlled waste deposited, in contravention of Regulation 12 Environmental Permitting (England and Wales) Regulations 2010 and or section 33(1)(a) of the Environmental Protection Act 1990 on land known as Harness Farm, The Moorings, Bridge Lane, Fulstow, Louth, LN11 0XP.
Contrary to section 59(1) and (5) Environmental Protection Act 1990
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