The owner of a vehicle breakers yard in Boreham Industrial Estate was fined a total of £8,500 (US$15,000) and ordered to pay £1,500 (US$2,655) costs by Witham magistrates for operating outside of the law.
Patrick James Hamilton admitted four offenses contrary to section 33 of the Environmental Protection Act 1990 of keeping and treating controlled waste and special waste at Railside, Boreham Industrial Estate, Boreham without a waste management license, and of failing to meet the requirements of the End of Life Vehicle Regulations.
The site was owned and used by Hamilton to repair lorries and sell on some parts from vehicles dismantled on the site.
In November 2003 the End of Life Vehicles Regulations 1993 were introduced which meant that sites which could previously operate under an exemption now needed a waste management license. For many sites this meant considerable investment to improve site infrastructure, such as concrete surfaces and sealed drainage systems as well as better working methods.
Sites that keep or treat waste motor vehicles which are not de-polluted need a Waste Management License. Treating includes removing batteries, gas tanks, fuel, oils, coolants and brake fluids.
Magistrates were told that Hamilton had been advised by the Environment Agency on the relevant legislation on several occasions.
He did not comply and did not apply for a waste management license, even though an application pack was sent with a covering letter explaining the need to have one before continuing to operate.
In July 2004, following a visit to the site, a notice was served requiring the waste to be removed. Two months later when Environment Agency officers visited it was clear that had not been done.
Father and son scrap dealers fined for flouting regulations
Father and son scrap car dealers have been fined and ordered to pay costs totaling £950 after illegally storing and dismantling vehicles at a site without an Environment Agency license.
Keith and Paul Rumary, trading as Audi 4 U, moved their business to Unit 18, Axe Road, on the Colley Lane Industrial Estate in Bridgwater, Somerset in late 2004. Their business required a license under the recently introduced regulations End of Life Vehicle (ELV) Regulations under which scrap yards must be licensed by the Environment Agency to depollute vehicles including fuels, battery fluids and antifreeze.
Before they moved site in September 2003 the Environment Agency advised the Rumarys that if they wished to continue their business they would need an ELV license. To get the license the site must have the appropriate planning permission. It transpired that the scrap car yard did not have the relevant planning permission so an ELV license could not be granted.
In January this year the Agency reminded the Rumarys they would need planning permission and an ELV license to lawfully carry on their business. A planning application was eventually made to the local authority in March 2005.
Environment Agency officers went to the site this spring and found 96 scrap cars, after neighbors had complained to the police about a possible fire risk. Some were stored in stacks, batteries and other fluids were still in the vehicles and oil was spilled on the ground. The fire service was also contacted.
Appearing before magistrates, the two men both pled guilty to two charges each under the Environmental Protection Act 1990.
The charges were that on or about 23 March 2005 at Axe Road, Colley Lane Industrial Estate, Bridgwater, they knowingly caused or permitted controlled waste, namely scrap motor vehicles, to be deposited on land with no waste management license and that they kept, treated or disposed of scrap cars on unlicensed land. The offences are contrary to the Environmental Protection Act 1990.