The Environment Agency has revealed that it is not taking any legal action against a national waste clearance company which was supplying an “overwhelmed” waste business in Dorset as failure to comply rested with Ling’s.
Two operators of Ling Recycling have been ordered to pay compensation to landowners and the Environment Agency after their site in Creech Holding, Topuddle became “overwhelmed” with waste.
The site operated by Ling Recycling in Dorset became ‘overwhelmed’ with waste, the Environment Agency reports
According to the Agency, the business of brothers Benjamin and Daniel Ling “spiraled out of control” and ended up operating outside of the terms of its permit. The case, which dates back to 2017, was heard by Weymouth Magistrates on 15 April 2019.
Magistrates heard that Ling Recycling (Dorset) Ltd collected waste from businesses across the South West after signing a contract with a waste clearance company – which has not been named by the Agency. Their premises was soon “filled to capacity”.
The Environment Agency reports that when its officers visited the site they found a “huge stockpile” of waste stored in the main building and also piled up outside, which included cardboard, plastics, mattresses, wood, tiles, bath tubs, carpet and rubble.
Exemptions
According to the Agency, Benjamin and Daniel Ling admitted “they hadn’t familiarised themselves with the conditions of the site’s exemptions” and were soon “overwhelmed” with work and waste.
Profits from the business were low and they ended up living off credit cards and loans, it was claimed. Eventually they stopped trading and the company was put into liquidation, the Agency says.
However, the Agency has explained that it is not taking legal action against the national waste clearance company which sent the waste under a contract with Ling Recycling. The Environment Agency told letsrecycle.com that it was “satisfied” the company had “operated properly”.
Agency officers found a ‘huge stockpile’ of waste
“Failure to comply with the waste exemptions rests with Ling Recycling,” the Agency emphasised, who accepted a “significant number” of waste clearance requests.
Duty of care
Under the Waste Duty of Care Code of Practice, waste holders, such as businesses, have a responsibility to prevent a breach by any other person to meet the requirement to have an environmental permit, “or a breach of a permit condition”.
As part of its ‘Right Waste, Right Place’ campaign, trade association, the Environmental Services Association notes that duty of care “starts from the moment you produce the waste and may also continue beyond the appropriately authorities waste contractor you engage to deal with it.
“You need to satisfy yourself that not only you have managed the waste you produce correctly on your site, but also that the person that it is given to next is permitted to deal with it and that it will be handled correctly.”
‘Poorly run’
“This case demonstrates how badly things can go wrong at a poorly run waste facility.”
Tessa Bowering
Environment Agency
Tessa Bowering, senior environment officer at the Environment Agency said: “It is important site operators comply with exemptions and ensure they have appropriate waste handling and storage measures in place to protect the environment from pollution and help safeguard human health.
“This case demonstrates how badly things can go wrong at a poorly run waste facility.”
Compensation
Following the hearing last month, Benjamin Ling of Tolpuddle and Daniel Ling of Weymouth were each given a community order for 12 months, ordered to work 120 hours, pay compensation to the landowners of £1,500, costs to the Environment Agency of £1,000 and a victim surcharge of £80 after pleading guilty to Operating a Regulated Facility without an Environmental Permit, contrary to Regulation 38(1)(a) and 12(1) Environmental Permitting (England & Wales) Regulations 2016.
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Source: letsrecycle.com Waste Managment
