WASTE - 01.06.2020

Waste stockpile had community living in fear

A businessman has been ordered to pay £84,000 after his stored bales of waste created a major fire risk. What happened in the run up to the prosecution and how could it have been avoided?

Disturbing findings

Between 2014 and 2016, eleven inspections were carried out by Environment Agency (EA) officers at a site under the control of A Morrey Distribution Limited (A) used for the storage of refuse-derived fuel (RDF).

Note. RDF is solid combustible waste destined to be burned at energy plants and produced by drying, shredding and baling municipal waste.

The EA noted during its inspections that A’s stockpiles of RDF were exceeding the limit detailed on its environmental permit. Instead of being stored temporarily, bales were remaining on site long enough to degrade. They were leaching a black liquid and giving off a foul odour. Both the excessive quantity of bales and their condition meant there was an increased risk of self-combustion, whilst poor security also created a risk of deliberate arson. A fire would have had a disastrous effect on the local area including a population of 3,000 living within 1.5km of the premises and users of the adjacent A500 trunk road and London to Manchester railway line.

Unheard

The EA raised concerns with the sole director of the company, Philip Eardley (P). However, these concerns fell on deaf ears and no remedial action was taken and no fire prevention plan was produced, even after a suspension notice was served. In fact, waste deposits continued to be accepted resulting in alarm in the local population and the eventual revocation of the environmental permit.

Note. The suspension notice required A to suspend operations for a specific period in order that remedial work could take place.

Paying the price

The EA brought proceedings against P and his company, with both parties pleading guilty to two charges of breaching permit conditions, contrary to the Environmental Permitting (England & Wales) Regulations 2010 , plus failure to comply with the suspension and enforcement notices.

P was fined £1,000 and ordered to pay a further £50,000 in costs. He was also ordered to pay back proceeds of his crimes under a confiscation order totalling £33,000, with this money to be paid to the EA who will clear the site of the 18,000 tonnes of RDF. If he fails to pay, P could face a twelve to 18-month stint in jail. The company was insolvent at the time of the sentencing hearing.

Fire risk management

Any business issued an environmental permit for combustible waste storage is expected to present a detailed fire prevention plan. This should specify the maximum size of stockpiles, suitable separation distances, site layout, emergency procedures, etc. The plan should be strictly monitored, updated regularly and always adhered to.

Tip. Fire prevention plans should conform to guidance issued by the EA, the latest version of which was published in January 2020 (see The next step ).

For the EA guidance “Fire prevention plans: environmental permits”, visit http://tipsandadvice-environment.co.uk/download (EN 15.01.04).

The sole director kept accepting waste despite concerns having been raised by the Environment Agency over the quantity and condition of the refuse-derived fuel. In accordance with the permit, a fire prevention plan should have been developed before operations began, and the waste ought to have been stored only temporarily.

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