Father and son who operated illegal waste business in court
A father and son who ran a waste business at their then home in Sticker, Cornwall appeared in court on Tuesday.
Michael Joseph Richards, 59, now living at Menorca Lane, Bugle and his son, also called Michael, aged 31 now of Ocean Rise, Scredda pleaded guilty at Bodmin Magistrates’ Court. Richards Junior, who admitted three offences, was ordered to pay fines, costs and a victim surcharge totalling £4,443. In the case of Richards Senior, magistrates decided that the offences, together with a similar previous conviction, was too serious for a fine and ordered a pre-sentence report to be prepared. He will now be sentenced on 18 May.
Magistrates noted that reoffending was unlikely as the land has since been sold.
In a case brought by the Environment Agency both men admitted offences relating to running a waste site at their former home at The Paddocks, St Stephen’s Road, Sticker, without a permit. In addition, Richards Junior was also charged with transferring waste without a written description and with not being registered to carry controlled waste.
The court heard that in September 2020 the Environment Agency was informed that waste was being taken to the site and burned. A month later the fire service was called to a fire at the site where they found building and household waste including plasterboard, timber, cement bags, rigid insulation, electrical appliances, furniture and plastic household objects. Surrounding the fire was more waste debris including radiators, fridges and a caravan. The fire was close to a gas tank and the main A390 road which meant there was the potential for causing a smoke hazard.
Environment officer Stephen Clark went to the site soon after where he found more household waste, car tyres and a caravan full of building waste. Richards Junior was served a notice to provide waste transfer notes within a week, but he did not respond. At a later meeting at the site with Richards Junior he agreed to remove the waste and admitted that he had taken much of it there when he was not registered to do so.
Richards Junior failed to comply with a notice to remove the waste and by June 2021 it was still there, with more waste having been taken to the site.
Following the hearing, Stephen Clark from the Environment Agency said: “This was both an environmental and fire hazard as well as being a blight on the village, added to which, such illegal waste activities undermine the work of legitimate businesses in the sector.”
Notes to editors
Michael Richards Senior pleaded guilty to two charges:
Between 21 September 2020 and 25 June 2021, permitted the carrying on of a waste operation, on land known as The Paddocks, St Stephens Road, Sticker, St Austell in respect of which no environmental permit was in force.
Contrary to regulations 38(1)(b) and 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016
Between the 21 September 2020 and 25 June 2021, deposited, or knowingly caused or knowingly permitted the deposit of controlled waste including mixed building and household waste on land, namely The Paddocks, St Stephens Road, Sticker, St Austell, in respect of which no environmental permit was in force.
Contrary to section 33(1)(a) of the Environmental Protection Act 1990.
Michael Richards Junior pleaded guilty to three charges:
Between the 21 September 2020 and 25 June 2021, deposited, or knowingly caused or knowingly permitted the deposit of controlled waste including mixed building and household waste on land, namely The Paddocks, St Stephens Road, Sticker, St Austell, in respect of which no environmental permit was in force.
Contrary to section 33(1)(a) of the Environmental Protection Act 1990.
On dates unknown between 21 September 2020 and 25 June 2021, when transferring waste, including mixed building and household waste, between places unknown and to The Paddocks, St Stephens Road, Sticker, St Austell, failed to secure that there was transferred such a written description of the waste as would enable other persons to avoid a contravention of Section 33 Environmental Protection Act 1990.
Contrary to Section 34(1)(c) and 34(6) of the Environmental Protection Act 1990
On dates unknown between 21 September 2020 and 25 June 2021 being a person who is not a registered carrier of controlled waste, did in the course of your business or otherwise with a view to profit, transport controlled waste, namely mixed building and household waste to The Paddocks, St Stephens Road, Sticker, St Austell, being a place in Great Britain.
Contrary to section 1(1) of the Control of Pollution (Amendment) Act 1989.