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Asbestos offences cost couple 80,397GBP

"This case should also be a warning to legitimate businesses

Two waste operators who ran an illegal site in Benfleet have today (Fri) been ordered to hand over 80,397GBP compensation, confiscation and fines by Chelmsford Crown Court.

A1 Bins and Waste Ltd's director David John Tuffen and manager Nigel Lee Hickman were given suspended prison sentences in February after Chelmsford Crown Court heard that the company illegally stored waste at Towerfields Business Park.

Environment Agency officers found 72 large skips full of asbestos waste at the site during investigations of asbestos fly-tipping around Essex, Hertfordshire and Kent.

On 29 July 2013, the two men were each fined £3,000 for failing their duty of care to stop that fly-tipping by a sub-contracted driver. The driver, Moses Benjamin Brede, pleaded guilty at an earlier hearing to dumping five loads of waste asbestos.

Tuffen from The Oaks, Billericay and Hickman from Bryn Coch, Port Talbot were also each ordered to pay £13,841 compensation to landowners who cleaned up the fly-tip sites. Tuffen was also ordered to pay £30,557 and Hickman £16,158 from the proceeds of their crimes.

They were warned by the judge that if they did not pay on time they could go to prison.

At an earlier hearing the court heard that the company had been in financial difficulty towards the end of 2008. Waste asbestos was taken back to the Towerfields yard to bulk it up and store it there.

A1 Bins advertised as a specialist asbestos waste transport and disposal company. This had given the impression of knowledge and trustworthiness.

The court heard that underpinning that trust was the supply of what appeared to be legitimate invoices and consignment notes showing that the hazardous waste had been taken to and signed for by an Oxfordshire landfill site. These were false.

Mr Sailesh Mehta, prosecuting for the Environment Agency, told the court that £427,000 went through the business between April 2008 and February 2009.

In February Brede was sentenced to 12 months prison for each of five offences to run concurrently and suspended for two years. He was also ordered to pay £500 contribution towards costs. Tuffen was sentenced to two years in prison, suspended for two years, and ordered to carry out 200 hours unpaid work. Hickman was given an 18-month prison sentence suspended for two years and ordered to carry out 200 hours unpaid work.

Judge Charles Gratwicke said at the earlier hearing:
"Each of you has not paid the slightest regard for the regulations. You all flouted the law for financial gain putting public health at risk."
After the hearing, the Environment Agency's environmental crime team leader Lesley Robertson said:
"We take the problems of illegal waste very seriously.

"During this investigation we worked in partnership with other agencies including Stevenage Borough Council, Thurrock Council, Essex Police and other regions within the Environment Agency to gather evidence against those believed to be committing these offences.

"This case was made worse by the hazardous nature of the waste, namely three types of asbestos, which was being illegally stored at the site in Benfleet, further aggravated by the fact that the company the defendants operated claimed to be 'specialist contractors for the disposal of asbestos waste', preying on others' trustworthiness.

"This case should also be a warning to legitimate businesses, to ensure that they fulfil their duty of care when employing a business or person to dispose of their waste, including auditing any paperwork that they should receive for the disposal of the waste - don't be afraid to ask the necessary questions."
Offences

Nigel Lee Hickman, of Bryn Coch, Port Talbot, pleaded guilty to:

1. Between 10 June 2008 and 13 August 2009 at Towerfields Business Park, Fane Road, Benfleet Essex SS7 3NH, A1 Bins & Waste Ltd, with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, did operate a regulated facility, namely a waste operation for the deposit, storage and treatment of waste including asbestos, without being authorised by an environmental permit granted under Regulation 13 of the Environmental Permitting (England and Wales) Regulations 2007.

Contrary to Regulation 12, 38(1)(a) and 41(1)(a) and (b) Environmental Permitting (England and Wales) Regulations 2007

Suspended prison sentence plus unpaid work (Feb)

2. On or about 24 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

3. On or about 26 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

4. On or about 1 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

5. On or about 7 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

6. On or about 26 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

7. On or about 26 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

Mr Hickman asked for the following offences to be taken into consideration

1. On or about 8 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990


2. On or about 8 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

3. On or about 1 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990


4. On or about 4 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990


5. On or about 6 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990


6. On or about 6 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

7. On or about 7 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a manager of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990


8. Between 22 July 2008 and 21 April 2009 you did use 28 instruments, namely consignment notes, which were and which you knew or believed false in that they purported to be signed and/or stamped by Malcolm Ayre and/or Viridor Ltd when they were not signed by him and/or stamped by Viridor Ltd, with the intention of inducing somebody to accept them as genuine and, by reason of so accepting them, to do some act, or not to do some act, to his own or any other person's prejudice.

Contrary to section 3 Forgery and Counterfeiting Act 1981



David John Tuffen, of The Oaks, Billericay, pleaded guilty to:

1. Between 10 June 2008 and 13 August 2009 at Towerfields Business Park, Fane Road, Benfleet Essex SS7 3NH, A1 Bins & Waste Ltd, with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, did operate a regulated facility, namely a waste operation for the deposit, storage and treatment of waste including asbestos, without being authorised by an environmental permit granted under Regulation 13 of the Environmental Permitting (England and Wales) Regulations 2007.

Contrary to Regulation 12, 38(1)(a) and 41(1)(a) and (b) Environmental Permitting (England and Wales) Regulations 2007

Suspended prison sentence plus unpaid work (Feb)

2. On or about 24 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

3. On or about 26 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

4. On or about 1 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

5. On or about 7 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

6. On or about 26 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

7. On or about 26 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

Fined £500

Mr Tuffen also asked for the following offences to be taken into consideration

1. On or about 8 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

2. On or about 8 March 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

3. On or about 1 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

4. On or about 4 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

5. On or about 6 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

6. On or about 6 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.

Contrary to Section 34(1)(a), (6) and 157(1) Environmental Protection Act 1990

7. On or about 7 April 2009, A1 Bins & Waste Ltd, who carries, keeps and treats controlled waste, failed to comply with the duty of care imposed by Section 34 of the Environmental Protection Act 1990, in that with your consent or connivance or attributable to neglect on your part as a director of A1 Bins & Waste Ltd, it failed to prevent contravention by any other person of section 33 of the said Act.