U.K. Recycling Company Fined

Sita Metal Recycling Ltd has been fined £4,000 and ordered to pay full costs of £4,456 in the first prosecution of its type by the Environment Agency for breaching new regulations designed to reduce the overall environmental impacts of waste electrical and electronic equipment.

The offenses came to light in an audit carried out by an officer from the Norwich office of the Environment Agency, Norwich Magistrates’ Court heard on Jan. 6.

Sita pleaded guilty to four offenses, following a hearing to determine a point of law.

The regulations, introduced in 2006, are designed to make sure that electrical and electronic equipment is either repaired and refurbished and put back on the market or dismantled with parts being recycled or disposed of safely.
Producers of the equipment are not required to collect their own WEEE, but join schemes which do so on their behalf.

Companies that treat or export WEEE must be approved by the Environment Agency.

Approved authorized treatment facilities issue evidence notes documenting either the refurbishment or treatment of WEEE that takes place in the UK.  Approved exporters issue evidence notes documenting the export of untreated WEEE which is exported.

Anne-Lise McDonald, prosecuting, said that there had been a number of different offenses and errors made by Sita which ‘showed a lack of management focus’.

The company exported treated WEEE but the it had not been approved to export.  Between 1 July 2007 and 31 December 2008, it exported 1,967 metric tons of WEEE.

Sita issued evidence for the treatment of WEEE before it was approved to issue evidence. The company was approved in April 2008.

Sita was charged with two sets of offenses.

• In 2007 and 2008 the company issued evidence for the treatment of WEEE that was subsequently exported not through an approved exporter; and

• In 2008 the company issued evidence for the treatment of WEEE which was received prior to Sita being an approved authorised treatment facility (AATF).

In mitigation, Stephen Tromans QC said, it was a genuine mistake. He said it happened during a period of management change. He said there was no direct impact to the environment or commercial benefit.

Sita pleaded guilty to:

1. Between 1 July 1, 2007 and Dec. 31, 2008 as an operator of an Approved Authorized Treatment Facility you failed to comply with Regulation 49(1) and Condition 11 of Part 2 of Schedule 8 of the Waste Electrical and Electronic Equipment Regulations 2006 in that you treated Waste Electrical and Electronic Equipment which you subsequently exported not through an approved exporter.

Contrary to Regulation 49(1) and 73(7)(a) Waste Electrical and Electronic Equipment Regulations 2006. Fined £1,000

2. On March 18, 2009 you issued an evidence note reference 0003752 under regulation 47(2) of the Waste Electrical and Electronic Equipment Regulations 2006 in relation to the treatment of waste electrical and electronic equipment received by you between 1 January 2008 and 31 January 2008 which was not in a relevant approval period.

Contrary to Regulation 46(1) and 73(8)(a) Waste Electrical and Electronic Equipment Regulations 2006. Fined £1,000

3. On March 18, 2009 you issued an evidence note reference 003750 under regulation 47(2) of the Waste Electrical and Electronic Equipment Regulations 2006 in relation to the treatment of waste electrical and electronic equipment received by you between 1 February 2008 and 29 February 2008 which was not in a relevant approval period.

Contrary to Regulation 46(1) and 73(8)(a) Waste Electrical and Electronic Equipment Regulations 2006. Fined £1,000

4. On March18, 2009 you issued an evidence note reference 003751 under regulation 47(2) of the Waste Electrical and Electronic Equipment Regulations 2006 in relation to the treatment of waste electrical and electronic equipment received by you between 1 March 2008 and 31 March 2008 which was not in a relevant approval period.

Contrary to Regulation 46(1) and 73(8)(a) Waste Electrical and Electronic Equipment Regulations 2006. Fined £1,000