A fly-tipper who dumped household waste in the Devon countryside has been banned from working in the waste industry for 2 years. John McDonagh has also been ordered to carry out 100 hours unpaid work and pay £500 costs. The case was brought by the Environment Agency.
McDonagh, of Victoria Road, Plymouth, cold-called a householder offering to remove waste for cash. Instead of disposing of it properly, he fly-tipped it in the surrounding countryside.
The defendant was caught after he removed some old window frames and builders rubbish from a garden in Shaldon Crescent, Plymouth in November 2016. The owner agreed to pay him £50 upfront followed by another £50 when he returned from the tip with a receipt. McDonagh loaded the waste into his Ford Transit van and told the householder he would return for the rest of the waste.
However, he never returned and dumped the waste in Beara Lane near Marley Head, South Brent. It was later discovered by a man who found the access to his field blocked by 2 one-tonne dumpy bags of builders’ waste. One of the bags contained a delivery note from a bathroom company with a customer’s name and address on it.
The man reported the fly-tipping to South Hams District Council and handed over the invoice to the council. The householder who had been duped by McDonagh said he felt ‘disgusted’ and ‘ashamed’ when told his waste had been fly-tipped.
Adrian Evans of the Environment Agency said:
Householders have a responsibility to ensure their waste is disposed of correctly and doesn’t end up fly-tipped. If anyone offers to dispose of your waste in return for payment, make sure they are a registered waste carrier and don’t forget to ask for a receipt. If in doubt, don’t hand over your waste.
Appearing before Plymouth magistrates, John McDonagh pleaded guilty to depositing controlled waste contrary to Section 33(1)(a) and 33(6) of the Environmental Protection Act 1990. He also admitted an offence under section 1 of the Fraud Act 2006 of dishonestly misleading a person into thinking their waste was being transported to a licenced tip for disposal.
In addition to being ordered to carry out unpaid work and pay £500 costs, McDonagh was made the subject of a 2-year Criminal Behaviour Order prohibiting him from being involved in any business involving the collection, transport or disposal of controlled waste. He is also banned for offering building or home maintenance services.
Corporate officers working for Nottinghamshire Recycling Limited (NRL) and 2 who worked for Park Farming Limited (PFL) have been sentenced today (Monday 30 October 2017) in Sheffield Crown Court after breaching environmental permits at 3 sites in Worksop, Nottinghamshire, and Kiveton and South Anston in South Yorkshire.
The environmental offences committed helped maximise the companies’ financial gain at the expense of the environment, and led to a series of fires on 1 of NRL’s sites at Shireoaks Road in Worksop in 2013 and 2014.
Repeat offenders
All 3 sites were operated illegally despite the fact that NRL had previously been convicted in 2011 for offences it had committed at Shireoaks Road.
Kevin Malcom Burgess of Manton Forest Farm, Worksop, Warren Richard Steele of Drury Lane, Doncaster, David Vincent Berry of Orchard Court, South Normanton, Edward Charles Freeman of Stephen Hill, Sheffield, Martin Crowther of Chapel Rise, Anston, Sheffield and Peter Charles Sanderson of Peak Close, Bramley, Rotherham, were sentenced on Monday 30 October 2017 at Sheffield Crown Court.
Defendants linked to NRL continued to act illegally after the company had previously been convicted in 2011. Documents discovered during the course of the Environment Agency’s investigation clearly demonstrated that company officers were fully aware that the sites were being operated illegally.
Risk to human health
Prosecuting on behalf of the Environment Agency, Chris Badger told the court that NRL and PFL repeatedly operated outside the terms of their environmental permits for financial gain. He added that NRL officers created significant risk to the environment and harm to human health. Among other permit breaches, waste was stored in huge quantities outside of the businesses’ permitted areas. Waste was blended at both the Worksop and Kiveton site in an attempt to avoid higher rates of landfill tax.
The company paid no heed to repeated warnings about the illegal storage of waste at all 3 sites, and the fire risks at Worksop. The defendants’ conduct resulted in 5 fires at NRL’s Worksop site during 2013 and 2014.
Large stockpiles of various waste deposited illegally by the companies at the 3 sites still remain and continue to have an environmental impact. Both NRL and PFL entered administration during the period of the investigation. They have since gone into liquidation.
‘Deliberate’, ‘negligent’ and ‘reckless’
His Honour Judge Robert Moore said that the conduct of four of the companies’ directors in breaking the law had been deliberate, while a fifth had acted negligently. The actions of a site manager were judged to have been reckless in aiding and abetting the offending that took place at Kiveton and South Anston.
In mitigation, the judge noted that all defendants had pleaded guilty to the charges that they faced and applied an appropriate reduction to their sentences. He also commented that the defendants had not made personal financial gain as a result of the offences. All 6 defendants were of previous good character.
The sentences imposed by the judge were as follows:
Kevin Burgess – 21 months’ immediate custodial sentence. Disqualification from being a director for 7 years.
Edward Freeman – 8 months’ custody suspended for 2 years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.
Warren Steele – 6 months’ custody suspended for 2 years with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.
Peter Sanderson – 8 months’ custody suspended for 2 years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.
Martin Crowther – 12-month community order with a requirement to perform 80 hours of unpaid work. Contribution towards prosecution costs of £1,500.
David Berry – 12-month community order with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.
Commenting after the hearing, Environment Agency Waste Regulatory Specialist Iain Regan said:
This was a large and complex investigation, and one in which Nottinghamshire Recycling Limited at various stages deliberately attempted to mislead us as the regulator. Companies like NRL distort the waste market by unfairly undercutting legitimate waste businesses, making it difficult for compliant firms to compete. This causes erosion of the legal waste sector and standards, resulting in an industry which is vulnerable to domination by illegal operators who have no concern for protecting the public or the environment.
We hope this case assures the legitimate waste industry and the public that we will investigate businesses who deliberately or recklessly flout the law, and that the sentences passed today send a clear message that behaviour as exhibited by NRL, PFL and their management is unacceptable.
The EA has brought this case to a successful outcome by dedicated hard work and professionalism.
Offences
Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry, Edward Freeman and Peter Sanderson. Worksop offence.
Keeping controlled waste in a manner likely to cause pollution of the environment or harm to human health, contrary to Sections 33(1)(c), 33(6) and 157 of the Environmental Protection Act 1990 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Worksop offence.
Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Martin Crowther, at the same place and time, did aid, abet, counsel and procure those persons to commit the said offence. Kiveton offence.
Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess. Martin Crowther, at the same place and time, did aid abet, counsel and procure Kevin Burgess to commit the said offence. South Anston offence.
A £27 million scheme to reduce flood risk to 4,800 properties in Blackpool was officially opened today (30 October) by Blackpool Council Cabinet Member for Environmental Services, Councillor Fred Jackson and the Chair of the Environment Agency Emma Howard Boyd.
The new defence at Anchorsholme safeguards Blackpool’s iconic seafront tramway, which is enjoyed by the thousands of visitors each year who flock to the quintessential British seaside resort. It also helps protect vital infrastructure and a major pumping station.
A kilometre of concrete sea wall has been replaced, maintaining access to the beach, and a new promenade attracts residents and visitors with views over the Irish Sea. The promenade also links the seafront to the nearby Anchorsholme Park, which is being redeveloped. The new defences will help protect Blackpool’s tourism and recreational income for the next 100 years.
The scheme forms part of the Fylde Peninsula Coastal Programme, a partnership between the Environment Agency and Wyre, Blackpool and Fylde councils to reduce flood risk to people and develop historic and natural environments. Anchorsholme together with the Rossall project, which is due to be completed next year, form one of the largest coastal defence projects in the country.
Emma Howard Boyd, Chair of the Environment Agency, said:
Blackpool’s iconic beachfront is visited by thousands of families each year. This new coastal defence, delivered in partnership with local councils, will better protect the town’s popular tourist attractions as well as nearly 5,000 homes and businesses.
It’s great news and demonstrates how our work benefits people and the environment.
Blackpool Council Cabinet Member for Environmental Services, Councillor Fred Jackson, said:
I am delighted that this vital sea defence scheme has been officially opened. We now have a sea wall that will provide much stronger flood protection for years to come.
We also have a wonderful new promenade for all to enjoy which makes access from the seafront to the park and town so much easier.
The project has been both an incredible challenge and an incredible achievement for all the organisations involved.
I am also extremely grateful to the neighbours and the local community for being so patient during the construction work. However, I trust that they are delighted with the final result and the additional regeneration work that is being undertaken.
Floods Minister Thérèse Coffey said:
Anchorsholme’s new sea wall was made possible thanks not only to £20 million of government funding, but also the huge support of local government and other partners.
The result is brilliant news for the community – regenerating the area and providing better protection for almost 5,000 homes and Blackpool’s iconic tram network ahead of winter.
The Blackpool Council scheme has been funded by the Environment Agency through government grant aid and delivered by contractors Balfour Beatty.
On Thursday 2 November, the Environment Agency will be carrying out an exercise at the Hylton Road flood defence scheme in Worcester city centre.
The exercise will allow the Environment Agency field operations team to test the barrier deployment process, while also carrying out essential maintenance to parts of the demountable flood barriers which are in the highway.
This will mean that there will be some disruption caused during the exercise as Hylton Road will be closed to traffic between 6:30pm and 8:30pm. The path by the river will remain open to pedestrians.
Barry Killner from the Environment Agency said:
Exercises like this are essential for us to test our procedures and ensure an effective operational response, so that we are fully prepared for when flooding does occur. We are also using the closure of Hylton Road as an opportunity to carry out essential maintenance on our flood barriers across the highway, reducing future impacts to the businesses and residents.
Cabinet Member with Responsibility for the Environment, Councillor Tony Miller said:
Testing the processes and carrying out essential maintenance of our flood barriers, can only be a positive thing for the county. It contributes to the county being able to continue to function as normal as possible, during bad weather, lessening the impacts on the local residents and institutions such as schools and businesses”.
Burton-upon-Trent residents will have a chance to learn more about the benefits of the Environment Agency’s multi-million pound flood scheme improvement work at a series of drop-in sessions next month.
The planned works to the town’s flood defences will see upgrades to the 9km of existing defences that already protect more than 7,000 homes and businesses in the town. The work will also see a further 3,358 properties benefit from increased protection.
The work is due to start in early 2019, with a completion date in early 2021 and will enable further transformation of the town centre to allow it to become more sustainable.
Drop-in sessions are being held at a number of locations across the town where Environment Agency staff will be on hand to discuss the scheme as well as to spread awareness about the need to be more flood resilient.
Mark Swain, who heads the Environment Agency’s Staffordshire flood risk team, said:
These sessions are a really important means for us to explain our work as well as to listen to residents. We would really like as many people as possible to attend one of our sessions so that they can discuss the exciting plans we have in place for Burton.
Sessions are being held as follows:
Monday 6 November (5pm to 7pm) – Branston Golf Club pavilion
Tuesday 7 November (5pm to 7pm) – Riverside Hotel
Thursday 9 November (11am to 2pm) – Burton Library
Thursday 9 November (3pm to 6pm) – Meadowside Leisure Centre
Monday 13 November (5pm to 7pm) – Tesco, St Peter’s Bridge
An enforcement undertaking (EU) has been agreed with Anglian Water after the company polluted Houghton Brook, Cambridgeshire with sewage.
Around 150 fish died when sewage from Ilex Road Pumping Station in St Ives was pumped into the water system for 10 hours via the emergency overflow.
The overflow was mainly caused by excessive levels of un-flushable material/rag blocking the pump, which was a known issue at the works. Contributing factors included a second pump being out of service during the incident and the failure of an alarm.
At the time of the pollution the water company tankered the watercourse to prevent pollution travelling further downstream and 2 days later the stream was running clear.
Anglian Water has since replaced equipment at the pumping station including a pump that can better cope with high levels of rag.
The Environment Agency accepted the offer by the water company to put right any damage caused by the pollution and to donate to an environmental charity.
Environment to benefit
As part of the EU, Anglian Water has donated £100,000 to the Wildlife Trust for Bedfordshire, Cambridgeshire and Northamptonshire to benefit the local environment and also paid the Environment Agency’s costs.
Jeremy Hay, Environment Agency officer, said:
Enforcement undertakings allow those who commit offences to restore the environment and to take steps to prevent a recurrence.
When appropriate, they allow a quicker resolution than a prosecution and help offenders who are prepared to take responsibility for their actions to put things right voluntarily working with their local communities”.
Formal sample results taken after the incident in September 2014 showed that sewage had polluted approximately 635m of the stream.
The EU was offered in relation to an offence of pollution under section 4 of the Salmon and Freshwater Fisheries Act 1975.
It was accepted in March 2017 and the undertaking was completed on 30 May 2017.
Pupils at a primary school in Hull are a step closer to understanding what to do in a flood following a visit from the Environment Agency.
Year five students at Stoneferry Primary School took part in an interactive workshop where they engaged in a range of flood-related activities where they were taught which household objects can be the most useful in a flood and saw them using a geographic model to better understand how rivers flow.
The sessions were led by staff from the Environment Agency, which provides Hull with flood warnings and alerts when the risk of flooding from rivers and the Humber Estuary is high.
Ninety-five per cent of Hull stands on a flood plain and it has the highest number of properties at risk of flooding in a single urban area outside London.
Over the years the city has been affected by numerous significant river and coastal flood events and on 25 June, 2007, Hull City Council reported more than 9,000 homes and businesses were flooded when heavy rains covered the city. The floods resulting from this caused many millions of pounds of damage and 95 of the city’s 98 schools were closed.
Jo Harrison, head teacher at Stoneferry Primary School said:
We’re very grateful to the Environment Agency for coming to see us. The children thought it was great fun and it taught them valuable lessons that they’ll hopefully pass onto their parents.
Thankfully ours was one of the luckier schools to have escaped the floods of 2007, however, we couldn’t overlook the damage it caused.
We believe it is important for our students to fully appreciate their environment and understand that nature has the potential to be both beautiful and dangerous.
Through government funding and partnership contributions, the Environment Agency is investing more than £200million in Hull and the East Riding of Yorkshire to help reduce the likelihood of flooding for thousands of properties by 2021. Part of this investment includes £35.5million of remedial works on the River Hull’s flood defences, which will see the repair and replacement of 39 sections of river defence identified as being at the greatest risk of failure.
Brendan Sharkey, Environment Agency project manager on the River Hull Defences Scheme said:
Over the years we have seen how destructive flooding in Hull can be. While we are investing a lot into the city, much of the devastation caused by flooding can be prevented by making sure people are prepared.
We’re working closely with schools in the area as we believe the next generation will be key to making Hull one of the world’s most flood resilient cities and we have loved the enthusiasm shown by the students of Stoneferry Primary School.
Work on the River Hull Defences Scheme started in April this year and is being delivered by contractor BMM JV – a joint venture between BAM Nuttall and Mott MacDonald.
Varying levels of improvements to the River Hull defences are needed across the sites and work at different locations across the city is likely to progress at the same time.
Brendan continued:
While we are progressing the work along the river as smoothly and efficiently as we can, due to limited access at some of the sites, traffic from some roads and public pathways may need to be re-directed for short periods of time.
Any road closures will not happen until the New Year and we are doing our utmost to reduce the level of inconvenience caused to the public.
A quarter of the total length of works is now complete, and the Environment Agency expects a substantial amount of the work to be underway by the end of the year.
If you are a teacher who is interested in working with the Environment Agency, please email york.flood@environment-agency.gov.uk. To learn more about the effects of flooding and to find out where you can sign up to Flood Warnings, please visit: floodsdestroy.campaign.gov.uk.
An enforcement undertaking (EU) has been agreed with a vegetable processing company after it grossly polluted Brook Drain in Wormegay, King’s Lynn, Norfolk with water used to wash carrots.
The Environment Agency accepted the offer by Alfred G Pearce Ltd to put right any damage caused by the pollution and to donate to an environmental charity.
As part of the EU, the company has donated £12,000 to the Norfolk Rivers Trust to benefit the local environment and also paid the Environment Agency’s costs.
Helen Blower, Environment Agency officer said:
Enforcement undertakings allow those who commit offences to restore the environment and to take steps to prevent a recurrence.
When appropriate, they allow a quicker resolution than a prosecution and help offenders who are prepared to take responsibility for their actions to put things right voluntarily working with their local communities.
Formal sample results taken after the incident in February 2016 revealed a gross pollution of the water course.
The company told the Environment Agency that an inspection chamber which also acted as an overflow tank had been damaged by a reversing lorry and there had been no system in place to alert them of the damage and no procedure for checking the Brook Drain on a regular basis. This had led to a delay in rectifying the problem.
Since then the damage has been repaired, bollards placed to prevent a recurrence of the damage, installing bunded areas to contain spills and installing a new treatment plant.
The EU was offered in relation to an offence of pollution under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010.
Be prepared for the unexpected is the stark warning from volunteer flood wardens in Calderdale.
Katie Kimber is one of two Environment Agency flood wardens in a newly formed group set up to help protect residents and businesses in Luddenden Foot and they are looking to recruit more this Autumn.
She lives a row of houses at the bottom of the Calder Valley that has a canal running at the front and a river behind them, with their gardens protected by a high wall. Until Boxing Day 2015 they had never been flooded.
Katie said:
I was completely unprepared. I had only just moved to the area and even though the damage I suffered was minimal compared to houses just a stone throw away it made me determined to be ready for the next time.
The mother of two children, aged 12 and 15, now has a flood plan for her own property and has helped set up a flood container for her local community kitted out with sandbags, Floodsax, brushes, spades, gulley cleaners, wheelbarrows, gloves and hand hygiene gel – all the provisions needed for clean-up operations.
Katie has recently attended a sessions with Calder Valley Search and Rescue where the team demonstrated the dangers of water and how to keep safe during a flood event. She has worked with her husband to develop an app called Flood Aware for tracking water levels in the local area. Her role is to work with the Environment Agency to provide them with valuable local knowledge about what is happening on the ground and to support her community in the event of a flood – particularly older and vulnerable people living in the hamlet.
Her advice to all residents is to make sure they have measures in place to protect their own property, sign up for the Environment Agency weather warnings and flood alerts available by email, text and phone, check what the warnings mean and what they should do, keep a close eye on the weather outside and the levels of nearby rivers, particularly during prolonged, heavy rain.
Katie, whose day job is working for Watermark Flood Fund Calderdale, a Community Foundation For Calderdale project which raises money to provide grants in case of future flooding and provides public relations support for Landlines and Watermarks – a unique community arts project with a water theme – said:
Expect the unexpected, have FloodSax or something similar ready under your sink and an emergency bag full of essentials such as a change of clothes, wellies, mobile phone, snacks. Even if you feel silly knock on your neighbour’s door if you have any concerns.
A positive to come out of the recent flooding incident is we have become a very close-knit community, we know and look out for each other.
Karl Boggis, father of two young boys, joined the Mytholmroyd flood group shortly after there were two flood events just two weeks apart in his village in 2012. The group has developed from being a small local pressure group to being the ‘eyes and ears’ of organisations such as the Environment Agency (EA) with 22 active volunteer wardens covering eight zones. The flood wardens receive early warnings of bad weather on the horizon from the EA’s duty officer and one of group’s first tasks is to set up a communications cell in one of their living rooms to provide people of Mytholmroyd with regular updates using their Facebook Group about all flood related activity.
Karl is part of the Mytholmroyd flood group
They communicate with each other using radios, visit neighbours to ask them to move any cars at risk and move property upstairs to safety, help evacuate local schools if necessary and will direct traffic to keep it out of flood water.
Karl, a town councillor and former town Mayor, said:
We know all the hot spots now, which areas are more at risk of flooding so we visit them first to check everything is OK and make them aware of the likelihood of bad weather. We have evacuation plans for some houses, check drains and gullies to make sure they are not blocked. When necessary, we will open up the cabin store in Mytholmroyd for people to collect sandbags.
A lot of our work is through effective communications and making sure people don’t panic. We ask people to stay at home, turn their radios on and if they have elderly neighbours please check on them.
As part of my role I visit people in my local community to introduce myself as their flood warden so they know who to contact if they have a problem. Most of our hard work is actually to help people clear up after a flood.
Karl, a property developer who also works part-time in a utility warehouse distributor, had six of his seven properties badly damaged during the Boxing Day floods with water reaching 10ft in his own house. He said:
Sometimes we do get alerted to bad weather and it doesn’t materialise which does make people complacent. However, the effects of floods are so devastating it is much better to be warned and be safe than sorry.
All flood wardens in Calderdale are being encouraged to take part in an exercise to test their flood plans on the 20th October to coincide with the Upper Calder flood sirens being sounded as part an annual test.
When asked what qualities you need to be a flood warden Karl said:
You need plenty of community spirit, a desire to help and good local knowledge helps.
Jon Follows, flood resilience officer with the Environment Agency, said:
The local knowledge flood wardens can provide on the ground is invaluable. They complement our work by implementing their community action plans and offer a key point of contact for us to be able to warn and inform people.
These days with climate change our weather is becoming even more unpredictable and so it’s vital for communities at risk to protect themselves by signing up for free flood warnings, and prepare a flood plan.
1 in 6 properties in England are at risk of flooding – that’s almost 5 million people. A big worry is that only about half of the people who are in a flood risk area, actually know about it.
Jon’s advice is to start by taking three simple steps to help protect you, your family and home from the devastating effects flooding:
Check your flood risk – Use the Environment Agency maps to find out if you are at risk from flooding
If you are interested in becoming a flood warden or would like to ask questions, please email the flood resilience team at yorkshiresw.fim@environment-agency.gov.uk.
For the latest information on current flood warnings and the local weather forecast, Calderdale residents can visit the ‘Eye on Calderdale’ website – www.eyeoncalderdale.com
You can also stay up to date by following @EnvAgencyYNE and #floodaware on Twitter.
On Boxing Day 2015 around 370 properties were flooded in Mytholmroyd as extreme rainfall affected the upper Calder Valley. Since then, Environment Agency teams have carried out thousands of inspections, made crucial repairs and constructed temporary defences. A flood action plan for the town was published in May 2016 setting out plans for permanent improvements to flood protection.
This is likely to cause large waves and spray which could lead to coastal flooding along the south and south-west coast.
Ben Lukey , National Flood Duty Manager for the Environment Agency, said:
Environment Agency teams are on the ground, checking defences and taking precautionary action to close tidal gates and put up temporary barriers. We’re working with the Met Office and local authorities and are ready to respond as necessary.
We urge people to stay safe along the coast and warn against putting yourself in unnecessary danger by taking ‘storm selfies’ or driving through flood water – just 30cm is enough to move your car.
You can check whether you’re affected at www.gov.uk/flood. We will issue flood alerts and warnings as needed, so please sign up to receive them for free online or by calling 0345 988 1188.
