The Environment Agency has successfully prosecuted a Birmingham company for failing to clear around 4,000 tonnes of waste from land near Fradley in Staffordshire.
At Cannock magistrates’ court on Tuesday, 3 September, B46 Properties Limited, of Station Road, Stechford, pleaded guilty to failing to comply with an order from the Environment Agency to clear waste from Brickyard Farm, Fradley. The site was storing general waste, including bricks, trommel fines, wood, construction and green waste.
The court imposed a fine of £806, with a victim surcharge of £322 and costs of £17,337.56. This totals £18,465.56.
The court was told that B46 bought the land in September 2022 and knew that a waste company was operating from the site.
However, the waste operator went into liquidation after failing in an appeal to overturn a revocation order of its environmental permit.
This meant that once the waste operator left the site, the landowner was responsible for clearing the waste.
Following correspondence with B46, including a letter in June 2023 warning the company that a notice could be served compelling it to clear the land, a notice was indeed served, requiring the waste to be cleared by 31 December 2023.
That notice was breached as a substantial amount of waste remained on the land.
Gary Hambleton, a company director, told Environment Agency officers that the waste was being cleared as and when funds were available but that the company would not borrow money or go into overdraft.  A charge against Mr Hambleton was dropped.
On 1 January 2024, B46 Properties Limited failed, without reasonable excuse, to comply with a notice dated 17 July 2023, served on it pursuant to section 59ZC (1) of the Environmental Protection Act 1990. In that it failed to remove controlled waste from land at Brickyard Farm, Wood End Lane, Fradley, by 31 December 2023. This was contrary to section 59ZC (4) and section 59 (ZB((6) of the Environmental Protection Act 1990.
