4-Jul-2006
- Following a prosecution brought by the Environment
Agency, the owner of an illegal waste site who
stored scrap cars near the Sheffield and Tinsley
Canal has received a 200-hour community penalty.
Mr Paul Collins, trading as
Effingham Motor Spares, of Effingham Road, Attercliffe,
Sheffield appeared at Sheffield Magistrates’ Court
on Friday 30 July 2006. Mr Collins pleaded guilty
to keeping controlled waste on his premises without
a waste management licence and in a manner likely
to cause pollution of the environment. In addition
to the 200 hours community penalty, Mr Collins
was required to pay £2,163.41 costs to the
Environment Agency.
The “End of Life” Vehicle Regulations
that came into force in November 2003 dictates
that all scrap cars must be de-polluted - that
is, have all the potentially polluting substances
taken out of them before being dismantled. This
includes engine oil, oil filters, brake fluid,
power steering fluid and coolant. Only sites with
licences can de-pollute vehicles. An End of Life
Vehicles site can operate under an exemption but
this only allows storage and dismantling of already
de-polluted vehicles.
The Court heard that in January
2005 Environment Agency officers visited Effingham
Road to inspect the site and found several polluted
scrap vehicles. Many of them were stored close
to the Sheffield and Tinsley Canal. The officers
spoke to the son of the owner, Mr Paul Collins,
and advised him to tell his father to stop all
operations on site and to contact the Environment
Agency within 28 days. No response was received.
In March 2005 the Environment
Agency sent Mr Collins a letter that warned he
should submit an application for a waste management
licence within 28 days or face the possibility
of prosecution. No reply to this letter was received.
Environment Agency officers
and the Police visited the site again in September
2005 and found around 25 cars illegally stored
on site, 20 of which were polluted scrap vehicles.
They also saw several spillages from vehicles
on the ground and oil and brake fluid contamination
of the surface of the site. Of most concern to
the Environment Agency was pollution less than
a metre from the nearby canal.
At interview Mr Collins admitted
he collected broken down cars and accepted keeping
polluted cars without a waste management licence
and also that the site was not sealed and no drainage
system was place to prevent potential pollution.
Speaking after the case, Cathy
Bedworth, Environment Agency Area Enforcement
Officer, said: “Given the extreme proximity of
the site and waste cars to the canal there was
a serious risk of either pollutants or vehicles
getting into the watercourse.
“Dismantling cars is a task
that poses high risks of polluting the environment
if not done the right way. The law exists to protect
our environment and companies that choose not
to abide by it should expect to see us in court.
“This case also sends a warning
to people disposing of their old cars that companies
exist that are willing to take your money and
then risk the environment by not dealing with
the car in the right way. People should check
with us that any company offering to dispose of
their old car is legitimate, and those offering
too good to be true prices, usually are just that.”
In mitigation Mr Collins said
he entered an early guilty plea and that he was
a small business. He also said the incident was
not deliberate, he was ignorant of the legislation
and is now unemployed and in receipt of benefits.
Magistrates presiding
over the case took into account the early guilty
plea but found the case to be very serious, considering
Mr Collins was visited and warned about his activities
on a number of occasions.
Alexandra Wales
