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Environmental sentencing

  • Développement en droit 8 avril 2024 8 avril 2024

  • Royaume-Uni et Europe

  • Climate change risk

Environmental sentencing update

Date Turnover/size of company
(N.B approx only)		 Court Fine Sector Incident type
20th Feb £1,965.9 million Cannock Magistrates' Court One fine for each charge: £1 million and £1,027,000 Water The defendant water company allowed huge amounts of raw sewage to discharge into a river. Approximately 470 million litres of raw sewage was discharged. Approximately 260 million of this illegally, as it was in contravention of the conditions of the Environmental Permit. The judge found there was a reckless failure by the defendant to have in place and implement a proper system of contingency planning. The defendant pleaded guilty to two charges.
 
22nd Feb 25.8 million Nottingham Crown Court £16,000 Waste

The defendant waste transport company caused liquid cyanide to leak from a lorry to an industrial estate. It prompted the Fire Service to set up decontamination protocols and caused hundreds of fish deaths in a nearby pond.
The defendant pleaded guilty to the charge of causing an illegal water discharge.
15th Jan Small company Exeter Magistrates' Court £4,300 Agriculture

The defendant farm admitted polluting a watercourse and disposal of controlled waste in a manner likely to cause environmental pollution or harm to human health. Water contaminated with slurry was running into surface water drains connected with the pipe discharging to the stream. Slurry was also running off the yard and mixing with effluent from an improperly constructed silage clamp. This subsequently flowed several hundred metres across land into the water course.
There was also evidence of burning of controlled waste at the farm, including plastics, paint tins, and a medical sharps bin.
The actions were contrary to Regulations 12(1)(b) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016, Regulations 4(1) and 10(1) of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010, and contrary to section 33(1)(c) and (6) of the Environmental Protection Act 1990 as amended.
19th Jan Small company Newport Magistrates' Court £2,605 Construction The defendant design and construction company demolished a building where protected Pipistrelles bats were known to be roosting. The director of the company pleaded guilty to breaching the Conservation of Habitats and Species Regulations 2017 (as amended).
14th Feb Small company n/a Pledged £20,935.76 to the Berks, Bucks and Oxon Wildlife Trust Manufacturing The defendant manufacturing company failed to comply with packaging waste regulations designed to protect the environment. Contrary to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (as amended), the defendant failed to register and to take reasonable steps to recover and recycle packaging waste. It therefore avoided paying to offset its obligation based on how much packaging it handled in the previous calendar year.

 

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