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Suspended jail term for burning illegal waste

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Brian Rutterford (R), a 71-year-old farmer, was found to be burning waste on his land in Norfolk when the Environment Agency (EA) conducted a site visit. Officers found large amounts of waste being burned which R claimed had arisen from farm activities. However, the fire contained metal, plastic and rubber items as well as kitchen cabinet doors.

During the same visit the officers witnessed a flatbed trailer arriving on site carrying a mattress and wooden furniture. Suspiciously, on seeing the officers the driver turned around and left. It later emerged that R had instructed employees to bring waste from his rental properties to be burned at the farm.

Determined

Despite the warnings, R continued his activities undeterred. As R had no environmental permit for what he was doing, he was given 90 days to clear the site.

However, more waste was discovered during a follow-up visit, when officers observed fridges, freezers and rotting animal carcasses.

Four visits by the EA had no impact on R’s behaviour and eventually the officers lost their patience and began a prosecution.

In court

It was explained that R had a history of dealing with the EA and would have known that burning waste on a large scale was in breach of the law. R admitted that he had been operating an unpermitted site and that waste had been illegally deposited and burned.

R was given a twelve-month prison sentence, suspended for two years and ordered to pay costs of £18,051.

Exempt?

Some burning of waste is permissible under a legal exemption and this was seen by R as an opportunity to make his activities appear legal. After receiving the 90-day warning to clear the site, R submitted applications to the EA for various types of waste exemption. However, not only was this an afterthought, the exemptions would never have allowed him to burn the waste on site that he’d been burning.

The most relevant category of exemption in this case is D7 - burning waste in the open . This covers the burning of plant tissue, sawdust, untreated waste wood and similar materials, though only at the place it’s produced.

Tip 1. If you use, treat, store, or dispose of waste you usually require an environmental permit. If you believe that it should be exempt, you need to apply in advance. You can check out which activities are covered on the EA’s website (see The next step ).

Tip 2. The exemption categories are highly specific so if you’re relying on this as a means of compliance, ensure you’re aware of the limitations.

For a link to details of waste exemptions, visit http://tipsandadvice-environment.co.uk/download (EN 14.02.04).