MoreThanWaste.com - Environment Agency issues waste warning to exporters (11/04/2007)

"This is one of the largest cases if its kind and shows we won’t hesitate to pursue companies who export waste illegally. There is a legitimate and growing market abroad for recyclables, but there are rules covering waste exports and these need to be adhered to for the benefit of the environment here and abroad."

John Burns, Environment Agency Ports Project Manager

Companies that illegally export recyclable waste have been warned by the Environment Agency that they risk prosecution. The Agency issued the warning after Grosvenor Waste Management Ltd was fined in total £55,000 at Maidstone Crown Court for illegally exporting household waste destined for developing countries in South East Asia.

The company manages household and recyclable wastes from London and the Home Counties.

Grosvenor pleaded guilty at Maidstone Crown Court in February 2007 to six counts relating to illegally exporting shipments of around 95 40-foot containers, amounting to approximately 1.8 million kgs (1,800 tonnes) - the equivalent of 90 lorries full of waste - of unsorted household waste to India, China, and Indonesia.

Environment Agency responsibilities

The Environment Agency is responsible for enforcing the regulation of shipments of waste into and out of England and Wales under the Transfrontier Shipment of Waste Regulations.

Under the rules, it’s illegal for anyone to export waste for disposal, but items such as waste paper or glass can be sent abroad for recycling.

However, mixed municipal waste, is subject to stricter controls under the EU Waste Shipment Regulations which means that both the UK and the country of destination need to be notified and approve the shipment before it can go abroad.

The Environment Agency says that the waste Grosvenor was sending abroad contained a poorly sorted mixture of waste including nappies, food waste, textiles, cardboard, plastic drink bottles, tin cans, sealed Council recycling bags, and black plastic bags.

Environment Agency officers inspecting the containers detained at Southampton and Dutch officers inspecting the containers detained in Holland all recalled the waste as smelling of household waste. In one container Dutch officers saw what looked like an animal’s hind quarter.

The Environment Agency also served Grosvenor a notice to repatriate the 20 containers that were shipped to Indonesia on 13 June 2005. Despite this request to return the waste to the UK, it ended up being shipped to Malaysia in July 2005.

Under the Regulations, the maximum penalty for exporting waste illegally is an unlimited fine or up to two years in prison.

Grosvenor Waste Management pleaded guilty to six breaches of the Transfrontier Shipments of Waste Regulations and agreed to pay a contribution of £85,000 towards the Environment Agency’s costs.

The prosecution follows a two-year investigation by the Environment Agency, who worked closely with HM Customs, Indonesian Customs and the Dutch environmental regulator, VROM, throughout the course of this investigation.

Grosvenor response

Subsequent to the publication of this article, information has been received from Grosvenor Waste Management giving their response following the case. A separate MoreThanWaste article on the company's response can be viewed by selecting this link.

Grosvenor also point out that that though the report refers to around 95 containers, the judge had in fact accepted that 83 containers were involved.

In addition the company considers that the reporting of the waste quantities involved in kilogrammes gives a possible perception of a larger quantity of material than was actually the case, i.e. 1.8 million kg is equivalent to 1,800 tonnes. The tonnage equivalent has been placed in brackets in the third paragraph of this article to clarify this issue and to prevent any potential misinterpretation.

Agency Comments

Following sentencing John Burns, Environment Agency Ports Project Manager said:

"This is one of the largest cases if its kind and shows we won’t hesitate to pursue companies who export waste illegally.

"There is a legitimate and growing market abroad for recyclables, but there are rules covering waste exports and these need to be adhered to for the benefit of the environment here and abroad."

Further information

This case was brought under the Transfrontier Shipment of Waste Regulations 1994.
The waste was shipped between November 2004 and February 2005.
The final destination of the waste was not clear from the documentation. Due to the complexity of the case and the number of countries involved, the Environment Agency was unable to identify that any of the waste was destined for landfill.
The Environment Agency’s investigation involved:
- detaining 15 containers at Southampton destined for China and India.
- 60 containers planned for shipment to Wuhu in China had been sent from GWM’s site via Holland. Of these 53 were intercepted by VROM, the Dutch Environment Authorities and returned by way of a formal request to the Defendant’s site in Crayford.
- A further 20 containers were inspected by customs officials in Jakarta Indonesia who notified the Environment Agency in May 2005. These containers were then shipped to Malaysia, despite a request from the Environment Agency to Grosvenor to return them to the UK.


	Environment Agency issues waste warning to exporters (11/04/2007) "This is one of the largest cases if its kind and shows we won’t hesitate to pursue companies who export waste illegally. There is a legitimate and growing market abroad for recyclables, but there are rules covering waste exports and these need to be adhered to for the benefit of the environment here and abroad." John Burns, Environment Agency Ports Project Manager Companies that illegally export recyclable waste have been warned by the Environment Agency that they risk prosecution. The Agency issued the warning after Grosvenor Waste Management Ltd was fined in total £55,000 at Maidstone Crown Court for illegally exporting household waste destined for developing countries in South East Asia. The company manages household and recyclable wastes from London and the Home Counties. Grosvenor pleaded guilty at Maidstone Crown Court in February 2007 to six counts relating to illegally exporting shipments of around 95 40-foot containers, amounting to approximately 1.8 million kgs (1,800 tonnes) - the equivalent of 90 lorries full of waste - of unsorted household waste to India, China, and Indonesia. Environment Agency responsibilities The Environment Agency is responsible for enforcing the regulation of shipments of waste into and out of England and Wales under the Transfrontier Shipment of Waste Regulations. Under the rules, it’s illegal for anyone to export waste for disposal, but items such as waste paper or glass can be sent abroad for recycling. However, mixed municipal waste, is subject to stricter controls under the EU Waste Shipment Regulations which means that both the UK and the country of destination need to be notified and approve the shipment before it can go abroad. The Environment Agency says that the waste Grosvenor was sending abroad contained a poorly sorted mixture of waste including nappies, food waste, textiles, cardboard, plastic drink bottles, tin cans, sealed Council recycling bags, and black plastic bags. Environment Agency officers inspecting the containers detained at Southampton and Dutch officers inspecting the containers detained in Holland all recalled the waste as smelling of household waste. In one container Dutch officers saw what looked like an animal’s hind quarter. The Environment Agency also served Grosvenor a notice to repatriate the 20 containers that were shipped to Indonesia on 13 June 2005. Despite this request to return the waste to the UK, it ended up being shipped to Malaysia in July 2005. Under the Regulations, the maximum penalty for exporting waste illegally is an unlimited fine or up to two years in prison. Grosvenor Waste Management pleaded guilty to six breaches of the Transfrontier Shipments of Waste Regulations and agreed to pay a contribution of £85,000 towards the Environment Agency’s costs. The prosecution follows a two-year investigation by the Environment Agency, who worked closely with HM Customs, Indonesian Customs and the Dutch environmental regulator, VROM, throughout the course of this investigation. Grosvenor response Subsequent to the publication of this article, information has been received from Grosvenor Waste Management giving their response following the case. A separate MoreThanWaste article on the company's response can be viewed by selecting this link. Grosvenor also point out that that though the report refers to around 95 containers, the judge had in fact accepted that 83 containers were involved. In addition the company considers that the reporting of the waste quantities involved in kilogrammes gives a possible perception of a larger quantity of material than was actually the case, i.e. 1.8 million kg is equivalent to 1,800 tonnes. The tonnage equivalent has been placed in brackets in the third paragraph of this article to clarify this issue and to prevent any potential misinterpretation. Agency Comments Following sentencing John Burns, Environment Agency Ports Project Manager said: "This is one of the largest cases if its kind and shows we won’t hesitate to pursue companies who export waste illegally. "There is a legitimate and growing market abroad for recyclables, but there are rules covering waste exports and these need to be adhered to for the benefit of the environment here and abroad." Further information This case was brought under the Transfrontier Shipment of Waste Regulations 1994. The waste was shipped between November 2004 and February 2005. The final destination of the waste was not clear from the documentation. Due to the complexity of the case and the number of countries involved, the Environment Agency was unable to identify that any of the waste was destined for landfill. The Environment Agency’s investigation involved: - detaining 15 containers at Southampton destined for China and India. - 60 containers planned for shipment to Wuhu in China had been sent from GWM’s site via Holland. Of these 53 were intercepted by VROM, the Dutch Environment Authorities and returned by way of a formal request to the Defendant’s site in Crayford. - A further 20 containers were inspected by customs officials in Jakarta Indonesia who notified the Environment Agency in May 2005. These containers were then shipped to Malaysia, despite a request from the Environment Agency to Grosvenor to return them to the UK.