Essex man billed £85,000 for burning waste on ‘industrial scale’
A man who was jailed for illegally importing and burning waste in Essex has been ordered to pay costs of £85,000.
Shane Boutwell, 41, of Lower Barn Farm, Lower Burnham Road, Maldon was jailed in August 2022 after persistently importing and burning waste on a large scale at 2 sites.
In June 2020, Environment Agency officers visited land at Bradwell Wick Leisure Plots Maldon Road, Bradwell-on-Sea after firefighters raised concerns following several fires at the site.
Officers found large quantities of waste on the site, including waste electricals, household waste, and demolition waste. They also discovered piles of burned waste. Officers then made several visits and attempted to work with Boutwell, offering him opportunities to stop his activities and clear the site. He failed to do so.
In September 2020, officers attended another site owned by Boutwell at Lower Barn Farm, Lower Burnham Road, Latchingdon. They found piles of burning waste with flames up to 2 metres high. They also identified large piles of soils heavily contaminated with bricks, concrete, paving slabs and plastic. Essex Fire and Rescue attended and discovered a gas cylinder amongst the embers before immediately requesting fire engines to attend. They were told by a fire officer that the site was a “cause for concern”.
Boutwell was told to stop depositing, spreading and burning waste at the site. He was advised all waste on site must be removed by a licenced waste carrier but he failed to engage.
Boutwell previously pleaded guilty to operating the 2 waste management facilities without a permit. He pleaded guilty to disposing of controlled waste in a manner likely to cause pollution or harm to human health at both sites.
He was sentenced to 14 months imprisonment at Chelmsford Crown Court on 2 August 2022 and issued with a Court Order to remove the waste at both sites upon his release.
After leaving prison, Boutwell started to remove the waste and restore the land at both Lower Burnham Road and Bradwell Wick. Agency officers monitored his progress during regular site visits, deploying an Unmanned Aerial Vehicle (UAV, or drone).
Boutwell was then ordered back to court for consideration of claims for prosecution costs. He appeared at Chelmsford Crown Court on 8 January 2024 for this costs order. He was ordered to pay £85,000 in Environment Agency costs together with a victim surcharge of £156.
Environment Agency Enforcement Team Leader Lesley Robertson said:
The Environment Agency is pleased that Mr Boutwell complied with his court order. He has removed the waste he illegally imported to both Lower Burnham Road and Bradwell Wick.
He operated at a commercial advantage, importing and burning waste on a significant scale. He undermined legitimate business with little or no regard for the environment or residents.
The Environment Agency will continue to take action to prevent and disrupt criminal activity. This prosecution demonstrates we will continue to fight illegal waste crime and bring those responsible to justice.
We all create waste and have a responsibility to ensure it is handled correctly. Businesses and householders need to do everything possible to ensure their waste doesn’t end up in the hands of operators who break the law by checking the online register waste carriers, brokers and dealers (data.gov.uk).
If you know or suspect illegal waste activity is taking place, report it to our 24-hour incident hotline 0800 80 70 60. You can also report anonymously to Crimestoppers through their dedicated website.
If you work in waste disposal, check you have the right permits in place: Waste: environmental permits - GOV.UK (www.gov.uk)
Charges:
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Between 13th July 2020 and 28th January 2021 did operate a waste management facility on land at Lower Barn Farm, Lower Burnham Road, Maldon, otherwise than in accordance with an environmental permit contrary to regulation 12(1)(a) and 38(1)(a) of the Environmental Permitting Regulations 2016.
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Between 13th July 2020 and 28th January 2021 on land at Lower Barn Farm, Lower Burnham Road, Maldon did dispose of controlled waste namely mixed commercial waste in a manner likely to cause pollution of the Environment or harm to human health contrary to Section 33(1)(c) and (6) of the Environmental Protection Act 1990 as amended.
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Between 18th May 2020 and 20th November 2020 did operate a waste management facility on land at Bradwell Wick Leisure Plots, otherwise than in accordance with an environmental permit contrary to regulation 12(1)(a) and 38(1)(a) of the Environmental Permitting Regulations 2016.
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Between 18th May 2020 and 20th November 2020 on land at Bradwell Wick Leisure Plots did dispose of controlled waste namely mixed commercial waste in a manner likely to cause pollution of the Environment or harm to human health contrary to Section 33(1)(c) and (6) of the Environmental Protection Act 1990 as amended.