A BARNSLEY man has been ordered to repay more than £120,000 within three months or face prison after the business he co-owned dumped 13,000 tonnes of waste material in the town.
Andrew Green, of Ashwell Close, Shafton, was charged over dumping waste and operating without an environmental permit at Barnsley Magistrates’ Court in December 2014 and received a 14-month suspended prison sentence a judgement which was upheld following an appeal in March 2016 at Sheffield Crown Court.
However, a fresh case this time brought about by the Environment Agency under the Proceeds of Crime Act concluded in the crown court on Tuesday.
It followed a financial investigation into the 54-year-old and his business partner, Dean Ryder, of Doncaster, and the profits they made through the now-liquidated firm, Grantscope Ltd, formerly of Boulder Bridge Lane, Carlton.
Prior to the latest case, the defendants were found guilty of the separate offences of depositing waste outside a permitted area in December 2011; operating a regulated facility without a permit between November 2012 and May 2013 and failing to comply with a regulation 36 notice dated February 7, 2012.
The company’s environmental permit, which is a necessary requirement for the operation of a waste facility and sets out the conditions by which a company must comply in order to protect health and the environment, was subsequently revoked, effectively ending its ability to operate at the site.
Despite this, the defendants, who jointly owned the Carlton site, continued waste operations in contravention of the law including processing waste which was then bagged up to be sold as topsoil.
Recorder Darren Preston remarked while sentencing that he found the offending was ‘deliberate, flagrant and persistent’ and that he only suspended the sentence given the length of the proceedings, their ages and for the sake of their families.
Green was ordered to pay £121,422.72, while Ryder has to pay £138,000.02 or face a default custodial sentence.
Caron Osborne, from the Environment Agency, said: “Between them, Green and Ryder have been ordered to pay more than £250,000 which is a significant confiscation order that sends out a clear message to others who flout the law that waste crime does not pay.
“Not only do we use environmental law to prosecute those who abuse the environment, but we also use the Proceeds of Crime legislation to ensure that criminals are deprived of the benefits of their illegal activity.
“Waste crime undermines legitimate businesses and can have significant detrimental impacts on communities and the environment. In this case, the two men abandoned around 13,000 tonnes of waste material.
“This hearing demonstrates how seriously we take waste crime and we’ll continue to take action against those operating outside of the law and the regulations.”
Barnsley Council has warned fly-tippers who continue that a ‘tough stance’ will be taken and urged anyone with information as to who is responsible to contact them.
Coun Jenny Platts, cabinet spokesperson for communities, said: “We’re working in conjunction with all partners, including the Environment Agency, to take a tough stance on waste crime within our borough as it can cause environmental damage as well as undermining legitimate businesses. Waste crime is taken seriously, as evidenced by the sentencing, and we will continue to work with the police and the public to tackle environmental crime as part of our #EverybodyThink campaign.
“I would encourage anyone with any information about environmental crime to contact us by emailing safer@barnsley.gov.uk.”
