Almost five years from the day that Churngold Recycling’s premises in Avonmouth near Bristol were raided by Environment Agency officers and police, the Agency has secured a prosecution of the company and two of its directors.
But, long running investigation and high legal costs, which are understood to have cost the Agency more than £2 million have seen it secure just £10,000 in costs this autumn.
Environment Agency officers search for evidence as part of Operation Durable
Churngold Recycling and two of its directors have now been ordered to pay more than £32,450 in fines and costs.
This was a result of the Bristol waste recycling company “illegally supplying thousands of tonnes of hazardous waste to a development site in Avonmouth”, the Environment Agency has reported in an official statement.
Back in October 1 2012, letsrecycle.com reported that Churngold Recycling (now South West Recycling) expressed “astonishment” at action taken by the Environment Agency in late September 2012. Some 60 Agency investigators in Operation Durable swooped on several sites under Operation Durable. (see letsrecycle.com story)
Charges
In the Agency statement this week, it said that Churngold Recycling Limited, John Barcham and Lee Phelan, faced a total of 10 charges at a 9 week trial at Bristol Crown Court which started in May 2017. Both directors were fined and given suspended prison sentences. The sentencing follows a five year investigation by the Environment Agency.
The Agency noted that Churngold operated a waste transfer site at Hallen Yard in Avonmouth, where it supplied soil and aggregate for the building industry. The company operated under a waste management licence issued by the Environment Agency, which controlled the types of waste accepted and permitted activities.
The Agency explained that in June 2011, Churngold was awarded a contract to remove hazardous waste from a site in Oxford where BMW discovered extensive contamination under a building during re-developing its Cowley factory.
Churngold was paid £750 per load to remove the hazardous waste to its yard in Avonmouth for treatment prior to it being used as a building material, the Environment Agency reports.
“Hazardous waste must be handled and treated with great care to safeguard human health and the environment. This case shows the Environment Agency will take serious action against people who fail to comply with the law.”
Adrian Evans
Environment Agency
The Environment Agency said: “Between July to September 2011, a total of 31,000 tonnes of waste was brought from Cowley to Churngold’s waste transfer station in Avonmouth. The volume of waste kept increasing and very quickly exceeded the transfer station’s limit of 6,000 tonnes.
Co-operative
“Around the same time, Churngold was awarded a contract to supply 60,000 tonnes of aggregate to the site of a new Co-operative supermarket distribution centre at Cabot Park, Avonmouth.”
From 7 September, for a fortnight, Churngold transported a total of 64,000 tonnes to the Co-op site, said the Agency.
According to the Agency, groundworkers at the site said the Churngold material gave them ‘runny and sore eyes’. “One worker said it smelt like ‘faeces and bleach’ and ‘took his breath away’ and others described the clay-like material as ‘smelling like a hospital’.”
The Environment Agency said waste from the BMW site in Oxford had undergone ‘partial treatment’, but some asbestos remained and it was still hazardous when it arrived at Churngold’s Hallen Yard. And, the regulator noted that failure by Churngold to fully treat the waste, potentially exposed staff and visitors to Hallen Yard and ground-workers at the Co-op site to ‘health risks’.
On 22 September 2011 the Co-op was notified that contaminated material had been delivered to the distribution centre at Cabot Park.
“Hazardous waste”
Subsequent analysis revealed the presence of asbestos in 47 of 60 samples, with high levels of total petroleum hydrocarbons (TPH), polycyclic aromatic hydrocarbons (PAH), the Agency said. It also showed ‘significant levels’ of leachable lead, cyanide, copper, antimony and total sulphate concentrations that posed a risk to groundwater and nearby watercourses.
Leachate from waste stored at Avonmouth (Picture: Environment Agency)
Work on the Co-op site was suspended on 1 December 2011. The Environment Agency confirmed the material was ‘illegally deposited hazardous waste’ and that it should be removed to a suitable waste facility for safe disposal.
The Environment Agency investigation revealed that Churngold had also illegally disposed of hazardous waste including asbestos, at a second site, Minors Farm, Severnside.
Commenting on the prosecution, Adrian Evans, for the Environment Agency, said: “Hazardous waste must be handled and treated with great care to safeguard human health and the environment. This case shows the Environment Agency will take serious action against people who fail to comply with the law.
“Churngold Recycling Ltd had a culture where commercial gain was given priority over environmental protection. We hope this prosecution sends out a strong deterrent message to others who flout the law.”
Judge James Patrick QC said the treatment of the waste was ‘unscientific and amateur’ and that the defendants showed a “flagrant disregard for the law.”
Offences
The company was found guilty of four offences. John Barcham was found guilty of one offence and Lee Phelan convicted of three offences. There were three not guilty verdicts and the jury failed to reach a verdict on the two remaining charges.
The Environment Agency’s full statement is available here.
Finances
Environment Agency officers investigate on site
In June 2017, Companies House records for South West Recycling’s (formerly Churngold Recycling Ltd) financial statement make reference to the case. This states that the company is dormant with no plans for future trading.
The financial statement said that the EA investigation was continuing at the time and that no provision for any costs “has been made (or can be made) within these accounts.”
It also notes: “As noted in the Directors Report last year, the EA confirmed no further action was being taken against the Director (Mr [Ross] Ancell) on 17 November 2014, either as an individual or in his capacity as Director.”
The statement also added that the director was committed to continuing efforts to settle with known creditors.
A summary of convictions can be found below.
Churngold Recycling Ltd:
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Between 1 July to 31 December 2011, failed to comply with conditions of permit at Hallen Yard, Avonmouth, an offence under Reg 38(2) under the Environmental Permitting Regulations: £12,000 fine
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Between 1 September to 31 September 2011, deposited controlled waste at the Co-operative Site, Cabot Park, Avonmouth without a permit contrary to Section 33(1)(a) and 33(6) of the Environmental Protection Act 1990: £3,000 fine
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Between 1 January to 31 December 2011, treated, kept or disposed of controlled waste in a manner likely to cause pollution or harm to human health contrary to Sections 33(1)© and 33(6) of the Environmental Protection Act 1990: £5,000 fine
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Between 1 June to 31 December 2011, deposited controlled waste at Minors Farms, Hallen, Bristol contrary to Section 33(1)(a) and 33(6) of the Environmental Protection Act 1990: £2,450 fine
John Barcham:
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Between 1 July to 31 December 2011, failed to comply with, or contravention of, a Waste Management Permit condition contrary to Regulation 38(2) of the Environmental Permitting Regulations 2010: 6 months suspended for 12 months and costs of £10,000
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John Barcham ordered to carry out 75 hours of unpaid work
Lee Phelan:
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Between 1 July to 31 December 2011, failed to comply with, or contravention of, a Waste Management Permit condition contrary to Regulation 38(2) of the Environmental Permitting Regulations 2010: 6 months suspended for 12 months
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Between 1 September and 30 September 2011, deposited controlled waste on land without a permit contrary to Section 33(1)(a) and 33(6) of the Environmental Protection Act 1990: 1 month suspended for 12 months
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Between 1 January to 31 December 2011, treated, kept or disposed of controlled waste in a manner likely to cause pollution of the environment or harm to human health contrary to Section 33(1)(c) and 33(6) of the Environmental Protection Act 1990: 1 month suspended for 12 months
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Lee Phelan ordered to carry out 100 hours unpaid work
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