Essex man jailed for 13 months for illegal waste operation
Wayne Mixture also ordered to pay £5,000 costs and handed a Court Remediation Order
illegal waste at the Damases Lane site in Boreham, Essex
An Essex waste operator who repeatedly ignored Environment Agency warnings about depositing, storing, burning and treating waste has been jailed for 13 months.
Wayne Mixture, 52, of Damases Lane, Boreham, Essex, had on his site large quantities of commercial and household waste. This included plastics, paper, fabric, as well as construction and demolition waste.
And despite numerous warnings from Environment Agency officers, Mixture failed to clear it and continued to have illegal bonfires.
Sentencing, Miss Recorder Frost told Mixture he had shown: ‘Deliberate and wilful continuation of a failure to comply with notices and periods of non-compliance’.
She said: “It is clear to me that you had absolutely no intention of complying with the notices. You were defiant against those seeking to enforce.”
Mixture was issued with a court Remediation Order. The order sets out that he must clear the waste from his site by 31 March 2024 or face contempt of court proceedings.
He was also ordered to pay £5,000 costs at Chelmsford Crown Court on 20 January 2023.
The court heard how he ran the site at Damases Lane in Boreham between August 2017 and December 2020.
Environment Agency officers visited the site numerous times and made every effort to work with Mixture. However, he failed to clear his site, and did not provide waste transfer notes, showing where his waste had gone as required in law.
Representing the Environment Agency, Rebecca Chalkley said Mixture had been given ‘chance after chance’ to clear the waste and to work with the Environment Agency.
Despite this, the site remained a risk to the environment and undermined competitors who operated within the law.
Lesley Robertson, Enforcement Team Leader for the Environment Agency said:
Despite the Environment Agency serving statutory notices on Mixture to remove waste from his site, he continued to deposit, store and treat waste illegally without an environmental permit.
Mixture operated at a distinct commercial advantage, undermining legitimate business with little or no regard for the environment or residents.
We take illegal waste activity very seriously and will take the necessary action to disrupt criminal activity and prosecute those responsible.
By imposing this prison sentence and Remediation Order, it demonstrates how seriously the court views Mr Mixture’s activities and behaviour.
If a member of the public sees any large-scale fly-tipping incident they can call the Environment Agency Hotline: 0800 80 70 60. If you don’t wish to leave your details, contact CrimeStoppers on 0800 555 111.
Background
Between 1 August 2017 and 31 August 2018 at Damases Lane, Boreham, Wayne Mixture operated a regulated facility. Namely a waste operation for the deposit, treatment and storage of mixed household and commercial waste. Except under and to the extent authorised by an environmental permit contrary to Regulation 12(1)(a) and 38(1)(b) Environmental Permitting (England and Wales) Regulations 2016.
Between 19 March 2020 and 19 December 2020 at Damases Lane, Boreham, Wayne Mixture operated a regulated facility. Namely a waste operation for the deposit, treatment and storage of mixed household and commercial waste. Except under and to the extent authorised by an environmental permit contrary to Regulation 12(1)(a) and 38(1)(b) Environmental Permitting (England and Wales) Regulations 2016.
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All businesses are required by law to ensure their commercial waste is disposed of lawfully. This means businesses must ensure that a registered contractor removes the waste they produce to a registered disposal site.
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Business must also keep documentation (Transfer Notes) which describes the waste, how it was stored, the person whom it was transferred to and where the waste was disposed. Failure to comply with the requirements is an offence contrary to the Environmental Protection Act 1990. This is punishable by a fixed penalty notice or prosecution and a fine if found guilty a Magistrate Court.
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