05/05/2005 - The owner
of a scrap yard in Ellingham, Norfolk, which
had attracted numerous complaints was today
fined £2,700 and ordered to pay £2,000
costs by Lowestoft magistrates.
Andrew Jay admitted three offences contrary
to section 33(1) (b) Environmental Protection
Act 11000 of keeping controlled waste and
special waste at Old Station Yard, Ellingham
without a waste management licence, and of
failing to meeting the requirements of the
End of Life Vehicle Regulations.
In November 2003 the End of Life Vehicles
Regulations 1993 (ELV Regs) were introduced
which meant that sites which could previously
operate under an exemption now needed a Waste
Management Licence. For many sites this meant
considerable investment to improve site infrastructure,
such as concrete surfaces and sealed drainage
systems, and better working methods.
Mr Jay, of Manor Farm Cottages, Hall Road,
Ellingham, Norfolk, had been advised by the
Environment Agency on the relevant legislation
on several occasions. He did not comply and
did not apply for a waste management licence,
even though application packs and a warning
letter were sent.
When Environment Agency officers visited
the site in the summer of 2004, they saw lead
acid batteries tipped on their sides and oil
contamination on the ground. Agency officers
at the site also saw washing machines, fridges,
wooden cupboards, metal tins, oil drums, tyres,
gas cylinders and significant quantities of
vehicle parts being stored on the site.
There were also about 25 scrap vehicles in
various states of disrepair and a coach which
was being dismantled.
When questioned Jay had no satisfacory answer
to explain what he did with batteries and
oils from vehicles.
After the hearing environment officer Nikki
Collins said: "It is evident that this
was a poorly managed site with inappropriate
storage conditions resulting in widespread
oil contamination of the ground. If a waste
management licence had been granted it would
have included conditions to prevent and control
pollution and harm to human health.
"By illegally keeping and treating waste,
Jay was undermining legitimate waste operators
who pay to dispose of waste properly."
The charges were:
1. On or about 31 August 2004 on land know
as Old Station Yard, Geldeston Road, Ellingham,
Norfolk did keep quantities of controlled
waste, namely, washing machines, fridges,
wooden cupboards, metal tins, oil drums, tyres
and gas cylinders, when there was not in force
a Waste Management Licence granted by the
enforcing authority pursuant to Section 35
and 36 of the Environmental Protection Act
11000 authorising the said keeping. Contrary
to Section 33(1) (b) Environmental Protection
Act 11000.
2. On or about 31 August 2004 on land know
as Old Station Yard, Geldeston Road, Ellingham,
Norfolk did keep a controlled waste, namely,
lead acid batteries, classified as a special
waste pursuant to the Special Waste Regulations
1996, when there was not in force a Waste
Management Licence granted by the enforcing
authority pursuant to Sections 35 and 36 of
the Environmental Protection Act 11000 authorising
the said keeping and failed to store them
in a secure container as required by Paragraph
45(2)(e) of Schedule 3 of the Waste Management
Licensing Regulations 1994. Contrary to Section
33(1) (b) Environmental Protection Act 11000.
3. On or about 31 August 2004 on land know
as Old Station Yard, Geldeston Road, Ellingham,
Norfolk did keep quantities of controlled
waste, namely, a number of scrap motor vehicles,
when there was not in force a Waste Management
Licence granted by the enforcing authority
pursuant to Section 35 and 36 of the Environmental
Protection Act 11000 authorising the said
keeping and failed to keep them at a site
with impermeable surfaces, spillage collection
facilities, decanters, and cleanser-degreasers
as required by Regulation 46 and Schedule
5 Part 1 and 2 of the End of Life Vehicle
Regulations 2003. Contrary to Section 33(1)
(b) Environmental Protection Act 11000.
