Prison time for storing tyres
A man who left tyres on his land has been jailed for a year after an investigation by the Environment Agency.
Mark Smith, 43, was sentenced this week after pleading guilty in January at Worcester Crown Court to three charges of illegally dumping and keeping controlled waste.
The charges were brought by the Environment Agency under the Environmental Protection Act 1990.
Smith was sentenced to four months imprisonment for each of the three offences to run consecutively.
For the Environment Agency, barrister Kevin Slack told the court that Smith carried out unauthorised dumping and kept used tyres at two locations.
The first was at Blackmore Park Industrial Estate and the second at The Homestead, Guarlford, both in Malvern.
In mitigation Smith told the court he had genuinely believed the tyres did not constitute waste as they had a commercial value to him.
Speaking after the case Terry Broadbent, the Environment Agency officer who led the investigation said: “The Environment Agency will not hesitate to take the appropriate sanctions against offenders who operate large scale waste facilities without the appropriate registered permits.
“As part of the investigation 56 Garages were investigated under the Duty of Care Regulations which resulted in 50,000 tyres being removed from The Homestead by the producers of the waste to a suitable licensed facility at their cost.
“All producers of controlled waste should ensure that they only give their waste to registered waste carriers who use Duty of Care waste transfer notes and most importantly ensure that their waste is going to a permitted or exempt facility.”
In his sentencing remarks, the judge HHJ Hooper, stated by depositing this waste, Smith was guilty of causing ‘real environmental affront’ and the offences plainly crossed the custody threshold.
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