The operator of a waste site in Ashford, Kent, was found guilty for failing to comply with waste exemptions over the storage of mattresses, at a hearing at Canterbury Crown Court on Monday (23 January).
View of the mattresses which breached exemptions
Lewis Bertram, trading as Eco Matters, was also found guilty of failing to comply with an Environment Agency enforcement notice and will be sentenced next week (3 February).
The 51-year-old pleaded not-guilty in early 2016 to charges that he was operating outside of terms of registered waste exemptions and elected for his case to be heard at Crown Court.
Mattresses
Mr Bertram had operated the waste site at Units Y & E2 on the Smarden Business Estate since July 2013, which according to the Environment Agency did house a ‘baler’ for use in the recycling of mattresses.
The units are in close proximity to several residential properties and local news reports have described mattresses piling up at the site in recent years, according to the Environment Agency.
Inspection of the premises by Agency officers in December 2014 and January 2015 found that activities were not compliant with the terms of the registered waste exemptions – which limited the amount of textile waste stored on-site to 1,000 tonnes.
The Agency noted that the mattresses were a fire risk
The breach of exemptions posed a pollution and fire risk to the environment and neighbouring properties, the Agency claimed.
‘Opportunity’
Officers informed Mr Bertram he was committing an offence and gave him opportunity to comply. But, the Agency said that further visits in March and April 2015 revealed the activities were continuing outside the exemptions and volumes of waste at the site had continued to increase.
The Environment Agency de-registered the waste exemptions and issued enforcement notices in March 2015, instructing that all waste be removed from Unit E2 and that the volume of waste at Unit Y be reduced to the 1,000 tonne exemption limit by 29 May that year.
Plea
Mr Bertram maintained a not-guilty plea in relation to the non-compliance with these two notices to clear the waste, for which the charges will be referred back to a Magistrate’s Court.
No further waste had been brought to the site by Mr Bertram since May 2015 – but both units remain ‘full’ of waste mattresses, divan bed bases and their associated parts, according to the Agency.
Jury
Returning its verdict yesterday, the jury at Canterbury Crown Court found Mr Bertram guilty of all charges brought before the court.
Alan Cansdale, environment manager from the Environment Agency, said: “His actions showed blatant disregard for local residents and businesses putting the environment and local amenity at risk. Mr Bertram ignored numerous opportunities given to him by our officers to bring the operations back into compliance.
“Waste exemptions are designed for activities deemed to be of low risk to the environment and have strict conditions that must be complied with.
“While we will work closely with businesses to help them comply with such legislation, in cases where individuals consistently operate illegally and in this case outside the terms of an exemption, we have no hesitation in prosecuting them to make sure that waste crime doesn’t pay.”
Mr Bertram could not be reached for comment.
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Source: letsrecycle.com Metal
