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Prison term for illegal waste broker

Unlawful operations

Christopher Kerr (K) took a lease on land on an industrial site in August 2014 informing the owner that he would be processing timber. After six weeks of the site being in operation the Environmental Agency (EA) discovered illegal activities taking place there. On arrival, it found stacks of wood towering up to 3-4 metres high. Due to the storage conditions there was a serious risk of fire. As a matter of urgency, the local authority had to draw up an emergency fire plan.

In response

K tried to make use of “exemptions” which are available for particular waste activities. He registered for one of these documents, but the paperwork only permitted him to turn around 500 tonnes of waste wood every seven days. In reality, 1,000 tonnes entered the site each week for five consecutive weeks. K informed officers that he was simply running the site for James Mervyn Williams (W) and had no further connections to it. However, the truth was exposed when the EA examined his bank account where £116,638 had been received from W’s company.

It emerged that K, who had no previous involvement in the waste industry, was the public face of the operation, whilst W had brokered waste wood to the site via a third party waste wood broker, Biowood Recycling Ltd (B).

Paying the price

K pleaded guilty to knowingly permitting the waste operation to take place without a permit. He received a four-month prison sentence, suspended for two years. W received a more significant penalty. On failing to turn up to court, he was sentenced in his absence to twelve months in prison and a warrant was issued for his arrest. W was also disqualified from being a company director for five years and faces a confiscation order for proceeds of the crime. B also admitted failing to comply with its statutory duty of care as a waste broker under the Environmental Protection Act 1990 . It was fined £12,690 and was ordered to pay £314,426 in compensation to the landowner plus £20,000 in costs.

Who is a broker?

A waste broker is anyone who arranges for other businesses’ waste to be handled, transported, disposed of or recovered. Both W and B were brokers because they received payments to collect, transfer and dispose of waste.

Warning. Not all situations are so obvious. If you’re a letting agency or managing agent and arrange for the removal of waste from rented premises, you’re also a broker.

Tip 1. If you are acting as a waste broker, make sure that you register with the EA (see The next step ).

Tip 2. If you’re arranging for the collection and disposal of your waste, check that the business or individual is registered as a waste carrier or broker (see The next step ).

For a link to register as a waste carrier, broker or dealer and to a searchable register, visit http://tipsandadvice-environment.co.uk/download (EN 14.03.04).