ENVIRONMENTAL PERMITS - 22.09.2021

Plastics fire risk lands firm in court for breaching permit

A recycling company has been prosecuted after it was found to have stored far more fine plastics than was permitted, risking their escape into the environment or catching fire. Why did the authorities feel the need to act?

Background

Environcom England Ltd (E) describes itself as “the UK’s biggest independent recycler of Waste Electrical and Electronic Equipment (WEEE) and leader in the area of re-use” . One of the materials it traded in was polyurethane (PUR) dust, a by-product generated from the recycling of fridges and freezers.

Dust in itself is easily ignited and can cause an explosion, whilst PUR, as a very fine plastic, is particularly combustible. Due to the tiny nature of the particles it is also a significant hazard if it escapes into the wider environment. Contamination is almost impossible to clean up. The proper storage of PUR dust is therefore essential.

Piled high

The waste recycling industry is highly changeable and there can be minimal choice in where to send materials. When one recipient closes down, suppliers can be left with nowhere to send their materials. E had been supplying its PUR waste to one company. However, in April 2015 the customer experienced a fire on its site and was no longer able to accept deliveries. Despite this, E continued to accept incoming waste at its own premises and stored it, presumably with the expectation of being able to move it on. By March 2016 E had approximately 2,900 bags or 3,234 tonnes of PUR dust which was almost 65 times the amount it was allowed to keep under its environmental permit .

Taking action

The Environment Agency (EA) visited the business multiple times over a number of years and undertook a joint enforcement approach alongside Lincolnshire Fire and Rescue Service and the HSE. E pleaded guilty to breaching its environmental permit contrary to regulation 38(2), Environmental Permitting (England and Wales) Regulations 2010 . It was fined and ordered to pay £35,000 in costs. The company also agreed to give £20,000 to the Lincolnshire Rivers Trust in respect of other related matters.

Act promptly

This case is a classic example of a company trying the patience of the enforcing authorities to the point where prosecution became the only option. Had the firm shown determination to resolve the situation and demonstrated steady progress, it would have been far less likely to be prosecuted. Instead it took up considerable time of the EA and others with officers visiting on 15 occasions in four years.

Tip. Don’t just file your environmental permit . It’s not a licence to do whatever you want and you will be asked to show that you’re complying with it. Instead, familiarise yourself with its conditions and identify how you’ll meet them (see The next step ).

Tip. If it does go badly wrong, such as your means of disposing of waste disappear overnight, take prompt action to stop the problem escalating. Put together an action plan and when you’re required to demonstrate compliance, show the EA that you’re working on a resolution to come back within your permit conditions as quickly as possible.

For a permit compliance checklist, visit https://www.tips-and-advice.co.uk , Download Zone, year 16, issue 04.

The company lost the option of sending the material to its customer and instead stockpiled it to the extent that it had 65 times the amount allowed by its environmental permit. Be ready to respond to changing circumstances swiftly so that you can comply with the conditions of your permit.


The next step


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