Earlier this month Qpac Ltd pled guilty at Solihull Magistrates Court to four charges relating to failing to meet its obligations under laws governing the recovery and recycling of packaging waste.
The charges were brought by the Environment Agency under the Producer Responsibility Obligations Regulations 1997. Qpac Ltd was fined £7,000 and ordered to pay costs of £1,274.34.
On 28 April 2006, an Environment Agency officer wrote to Qpac Ltd requesting details of its turnover and tonnages of packaging handled. A second letter was sent to the company after no correspondence was received.
On 1 June 2006, a representative of Qpac Ltd faxed a letter to the Environment Agency and a completed proforma detailing the turnover and tonnages of packaging handled. The company had a turnover of £2.8million pounds and had handled 1,055 metric tons of packaging.
Following receiving details of the company’s turnover and tonnages of packaging handled, checks were made at the National Waste Registrations Unit to check their database of registrants. There was no record of Qpac Ltd having been registered either with Environment Agency or a compliance scheme for the obligation years 2005 and 2006.
On 25 July 2006, a representative of Qpac Ltd was interviewed under caution at the Environment Agency’s Warwick office. The company admitted to committing a number of offences, which included not having been registered with respect to obligation year 2005, late registration with respect to obligation year 2006 and not having taken reasonable steps to recover and recycle packaging with respect to obligation year 2005.
Speaking after the case, Hannah Wooldridge, an Environment Agency officer involved in the investigation said: "The aim of these regulations is to make businesses take responsibility for the packaging used in their operations and reduce the amount of packaging waste going to landfill. Businesses should take steps to ensure that they understand all aspects and requirements of the Regulations. We urge businesses to put environmental issues on their agenda and ensure that they meet all of their legal obligations. This case highlights the fact that the Environment Agency will not hesitate to take action against those who breach the legislation".
In mitigation, the company was not aware of the regulations until they were contacted by the Environment Agency. They had registered with a compliance scheme within 6 weeks of being contacted and are now fully complying.