Operators of the Thornhaugh landfill site near Peterborough have been prosecuted for their activities at the site during 2004 and 2005.
"Although the company set out to do the right thing, the manner in which they tried to undertake these works was unsatisfactory and they failed to comply with the conditions of their waste management licence. Their good intentions were simply not enough"
John Sweeney, Environment Agency
Atlantic Waste (Thornhaugh) Ltd and Augean South Ltd have been fined for breaching licence conditions and the Environmental Protection Act 1990. The fines were imposed by Peterborough Magistrates’ Court.
Atlantic Waste was fined a total of £32,500 after admitting four charges and Augean South Ltd was fined a total of £15,000 after admitting two charges. Environment Agency costs of £39,859.89 are to be shared between them.
Augean South acquired the site in December 2004 including the waste management licence, assets and liabilities of Atlantic Waste. There was already a problem with one of the cells having been overfilled. Augean South was required to adjust the size and shape of the landfill site.
As moving waste can create risks to the environment and health, the Environment Agency required the company to provide an action plan describing how they would minimise such risks.
The first plan was received in May 2005 but it proved to be unacceptable as it failed to take into account all the problems at the site. Subsequently later in May, a second plan was requested by the Environment Agency but was only received by them a short time before the waste movement began at the site. This prevented the Environment Agency carrying out all the necessary checks on the proposals before the work started.
Augean were approached by the Agency on this, though as far as the company was concerned it was working within the terms of the waste management licence and it considered that the Agency should not stop the work.
Serving of the enforcement notice
The work continued and more waste was dug-up and removed. The Environment Agency then told the companies that the work must stop and an enforcement notice was served to prevent further activity.
Magistrates were told that both companies were responsible for excavating waste in a way that gave cause for public complaint without agreeing in advance all measures necessary for the protection of the environment from pollution and preventing harm to human health.
Atlantic Waste (Thornhaugh) Ltd was also guilty of accepting too much waste at the site and failing to submit annual returns during 2004 which should be sent in quarterly.
Waste returns later submitted to the Environment Agency showed that there had been about 83 per cent more waste accepted at the site than allowed in its licence.
After the hearing Environment Agency manager John Sweeney said:
"Although the company set out to do the right thing, the manner in which they tried to undertake these works was unsatisfactory and they failed to comply with the conditions of their waste management licence. Their good intentions were simply not enough."
He continued, "I hope this prosecution sends a message to all operators of landfill sites that they must ensure they comply with the conditions of their permits and respect the wishes of the communities in which they are located."
The charges and fines
Atlantic Waste (Thornhaugh) Ltd pleaded guilty to:
1) Between 31 May 2005 and 3 June 2005 did, at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, breach condition 5.8 of a Waste Management Licence in that you did excavate waste which had been deposited and covered, without the written permission of the Environment Agency. Contrary to Section 33(6) of the Environmental Protection Act 1990. Fined £5,000.
2) Between 1 January 2004 and 31 December 2004 you did, at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, breach condition 3.7 of a Waste Management Licence, in that you failed to supply quarterly to the Environment Agency details of waste input to the site. Contrary to Section 33(6) of the Environmental Protection Act 1990. Fined £5,000.
3) Between 1 January 2004 and 31 December 2004 you did at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, breach condition 1.4 of a Waste Management Licence, in that you accepted more waste at the site than authorised by your licence, in that you accepted waste in excess of the total quantity limit for the site. Contrary to Section 33(6) of the Environmental Protection Act 1990. Fined £15,000.
4) Between 31 May 2005 and 3 June 2005 Atlantic Waste (Thornhaugh) Ltd did, at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, treat controlled waste in a manner likely to cause pollution of the environment or harm to human health. Contrary to Section 33(1)(c) of the Environmental Protection Act 1990. Fined £7,500.
Augean South Ltd pleaded guilty to:
1) Between 31 May 2005 and 3 June 2005 Atlantic Waste (Thornhaugh) Ltd did, at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, breach condition 5.8 of a Waste Management Licence in that it did excavate waste which had been deposited and covered, without the written permission of the Environment Agency, and that the commission of this offence was due to the act or default of Augean South Ltd. Contrary to Section 33(6) and section 158 of the Environmental Protection Act 1990. Fined £7,500.
2) Between 31 May 2005 and 3 June 2005 Atlantic Waste (Thornhaugh) Ltd did, at Thornhaugh Landfill Site, Thornhaugh, Cambridgeshire, treat controlled waste in a manner likely to cause pollution of the environment or harm to human health and that the commission of this offence was due to the act or default of Augean South Ltd. Contrary to Section 33(1)(c) and section 158 of the Environmental Protection Act 1990. Fined £7,500.