Farmer convicted and fined for asbestos offences
A farmer who stored waste on his land close to work being carried out on a sea wall, has (Tues) been fined £4,000 and ordered to pay full Environment Agency costs of £3,582 after pleading guilty to breaching the Environmental Protection Act 1990. Howard Alexander Baker of Lovedown Farm, Lower Road, Hockley, Essex was visited by Environment Agency officers in June last year after a report he was taking waste onto the farm. He told them that he was bringing in soil for ongoing work to a sea wall. The officer told him that the majority of the wastes he had on site were not suitable for that use and that to store waste on the farm he would need a waste management licence or an exemption.
Mrs Anne-Lise McDonald prosecuting told Harlow Magistrates’ Court that waste at the farm included green waste, concrete, mixed soil, chipboard, plastic, garden furniture and even an armchair. In July when two Environment Agency officers again visited the site, Baker refused entry to the farm and told them to come back in seven days with 24 hours’ notice. A few days later they returned again with officers from the Agency’s Environmental Crime Team and a warrant to enter the farm. They seized pieces of chrysotile asbestos and found piles of wood and green waste heavily contaminated with treated wood products, plastics, paper, metals, roofing felt, drain pipes and other materials as well as two large piles of ash and burnt wastes.
Behind some waste they found a ditch which had been filled in with hardcore and soils. Among the waste were two more pieces of chrysotile asbestos and even more was found among other waste. Officers were unable to interview Baker at their offices after he failed to attend a meeting. Mrs McDonald told the court that the farm was close to several important local, national and international conservation sites and although there had been no evidence of pollution to the environment the waste had spoiled the look of the countryside.
‘Whilst it is not clear what Mr Baker’s purpose was in keeping some of the waste, as he did not attend interview under caution, he was aware of the need for a waste management licence or exemption for the activities on site,’ said Mrs McDonald. ‘Although the offence covers just over a month there was evidence that waste had been stored on the site for some time.’
Baker pleaded guilty to keeping controlled waste on land at Lovedown Farm, Lower Road, Hockley, Essex, between 18 June 2007 and 31 July 2007 when there was not in force a Waste Management Licence granted by the enforcing authority pursuant to sections 35 and 36 of the Environmental Protection Act 1990 authorising the said keeping, contrary to Section 33(1)(b) and section 33(6) Environmental Protection Act 1990.
‘The waste permitting system is designed to protect the environment and human health. By avoiding the costs involved in obtaining and working to the standards required by a permit, Mr Baker undermined the legitimate waste management industry. This case shows that the Environment Agency takes it role as a regulator seriously and will hopefully deter others from disposing of waste illegally.’
- Environment Agency officer Jenny Martin
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