Birmingham company admits failing to clear 4,000 tonnes of waste
Environment Agency prosecutes property company for failing to comply with order. Landlords left to clear up waste.
This site posed a significant environmental threat due to the high risk of fire and potentially significant impact to local communities and amenities - Environment Agency
The Environment Agency has successfully prosecuted a Birmingham company for failing to clear around 4,000 tonnes of waste from land near Fradley in Staffordshire.
At Cannock magistrates’ court on Tuesday 3 September, B46 Properties Limited, of Station Road, Stechford, pleaded guilty to failing to comply with an order from the Environment Agency to clear waste from Brickyard Farm, Fradley. The site was storing general waste, including, bricks, trommel fines, wood, construction and green waste.
The court imposed a fine of £806, with a victim surcharge of £322 and costs of £17,337.56. This totals £18,465.56.
The court was told that B46 bought the land in September 2022 and was aware that a waste company was operating from the site.
However, the waste operator went into liquidation after failing in an appeal to overturn a revocation order of its environmental permit.
This meant that once the waste operator left the site, the landowner was responsible for clearing the waste.
Following correspondence with B46, including a letter in June 2023 warning the company that a notice could be served compelling it to clear the land, a notice was indeed served, requiring the waste to be cleared by 31 December 2023.
That notice was breached as a substantial amount of waste remained on the land.
Gary Hambleton, a company director, told Environment Agency officers that the waste was being cleared as and when funds were available but that the company would not borrow money or go into overdraft. A charge against Mr Hambleton was dropped.
Imogen Smith, the lead officer for the case from the Environment Agency in the West Midlands, said:
We welcome this sentence, which should act as a deterrent to others considering flouting the law.
This site posed a significant environmental threat due to the high risk of fire and potentially significant impact to local communities and amenities.
The Environment Agency will pursue any company that fails to uphold the law or protect nature and will continue to press for the strongest possible penalties.
Failure to comply with these legal requirements is a serious offence that can damage the environment and harm human health.
If anyone has environmental concerns they should call our 24/7 hotline on 0800 80 70 60 or Crimestoppers anonymously and in confidence on 0800 555 111.
The summons:
On 1 January 2024, B46 Properties Limited failed, without reasonable excuse to comply with a notice dated 17 July 2023, served on it pursuant to section 59ZC (1) of the Environmental Protection Act 1990. In that it failed to remove controlled waste from land at Brickyard Farm, Wood End Lane, Fradley by 31 December 2023. This was contrary to section 59ZC (4) and section 59 (ZB((6) of the Environmental Protection Act 1990.