EPA S34 Waste Transport vehicles

Peter Silverman made this Freedom of Information request to Environment Agency

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The request was successful.

Dear Environment Agency,

Please refer to my recent correspondence with your Agency a copy of which can be accessed via these two links:
http://www.cleanhighways.co.uk/wp-conten...
http://www.cleanhighways.co.uk/wp-conten...

What were the last 4 occasions when the Agency last prosecuted anyone under S34 of the Environmental Protection Act - Duty of care as respects waste - for allowing controlled waste to escape from a vehicle.

In each case:
What was the date of the prosecution?
What was the date of the offence?
What was the outcome i.e. was the prosecution successful?
How much was the fine?
What were the costs paid by the defendant?
What was the name and address of the defendant ?

Please let me know if this request is unduly burdensome explaining why and I will consider amending it to make the task easier for you.

Peter Silverman

Enquiries, Unit, Environment Agency

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NCCC National Requests, Environment Agency

Dear Peter

 

Thank you for your request for prosecution data.

 

We are treating your enquiry as an Information Request under the
Environmental Information Regulations 2004/Freedom of Information Act
2000.

 

Your request will be dealt with by our National Request Team under
reference NR25719.

 

The Environment Agency covers England only.

 

For Scotland, Northern Ireland and Wales, please see the links below:

 

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The Environment Agency’s obligation under the relevant legislation is to
provide you with the requested information within 20 working days from the
date your enquiry is received, but we shall endeavour to respond as soon
as we can.

 

In the meantime should you have any queries regarding this request please
contact us at: [4][email address]

 

Kind regards,

 

Linda Morris

 

National Request Team

National Customer Contact Centre

Tel 03708 506 506

 

 

 

 

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NCCC National Requests, Environment Agency

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Dear Mr Silverman

 

 

Enquiry regarding prosecution data.

 

Thank you for your enquiry which was received on 5^th October.

 

We respond to requests under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

I attach your requested  data.  Please refer to [1]Open Government Licence
which explains the permitted use of this information

 

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Yours sincerely

 

 

Linda Morris

National Request Team

03708 506506

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Dear Linda,

I can only see details of two prosecutions on the spreadsheet. I had asked for details of the last four.

Yours sincerely,

Peter Silverman

NCCC National Requests, Environment Agency

Dear Mr Silverman

The prosecutions shown on the spreadsheet were the only instances on our enforcement database of prosecutions under section 34 of the Environmental Protection Act for allowing escape of controlled waste from a vehicle.

In recent years the Environment Agency has concentrated on large and severe pollution cases. Local authorities may be able to supply information on cases you are interested in that they have prosecuted.

Kind regards

Maria Bisby
Environment Agency
National Requests Team
Part of National Operations
03708 506 506
[email address]

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Dear Maria,

Thank you for that.

In 2003 I reported an incident of waste falling from a skip lorry on the A40 to your Agency. You took the operator to court and the case was heard at Acton Magistrates Court in 2004. I was the only witness. The operator was fined several thousands of pounds. I assume the action was brought under EPA S34. I am sorry I do not have any more information to help you track this down.

I am wondering why this case did not show up in the information you have provided?

Kind regards

Peter Silverman

Dear Maria,

2004 Case

I have just realised that the 2004 case (fine + costs = £20,000) on your spreadsheet was the case I initiated. I googled the defendant's company name, found its location on Google Maps from its post code. It was the location I had followed the vehicle to - Eureka!

Can you please confirm that I was indeed the one of the witnesses in that case? I give you permission to publish my personal details.

Can you tell me how much of the fine and costs were paid by the defendant?

I note that the spreadsheet describes the offence as ENVIRONMENTAL PROTECTION ACT 1990, SECTION 34 (1) (B). This is a failure "to prevent the escape of the waste from his control or that of any other person".

1999 Case

Regarding the 1999 (fine + costs = £250)case the offence is described as a breach of ENVIRONMENTAL PROTECTION ACT 1990, SECTION 34 (6)

S34 (6) says "Any person who fails to comply with the duty imposed by subsection (1), (1A) or (2A)]above or with any requirement imposed under subsection (5) above shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine.

Which subsection of S34 did the defendant breach?

Yours sincerely,

Peter Silverman

NCCC National Requests, Environment Agency

Dear Mr Silverman

 

Please find answers below to your queries:

 

Question 1

I have just realised that the 2004 case (fine + costs = £20,000) on your
spreadsheet was the case I initiated. I googled the defendant's company
name, found its location on Google Maps from its post code. It was the
location I had followed the vehicle to - Eureka! Can you please confirm
that I was indeed the one of the witnesses in that case? I give you
permission to publish my personal details.

 

Answer

We can confirm that a statement by Mr Silverman is present in the court
bundle for this case and that an interview with Mr Silverman appears in
the case file as part of the prosecutor’s note of evidence.

 

 

Question 2

Can you tell me how much of the fine and costs were paid by the defendant?

 

Answer

Collection of fines and costs is a matter for the courts and the money is
paid to the Treasury. We do not have a record of these transactions but
the information may be available from the court.

 

 

Question 3

S34 (6) says "Any person who fails to comply with the duty imposed by
subsection (1),  (1A) or (2A)]above or with any requirement imposed under
subsection (5) above shall be liable— (a)on summary conviction, to a fine
not exceeding the statutory maximum; and (b)on conviction on indictment,
to a fine.

 

Which subsection of S34 did the defendant breach?

 

Answer

The defendant was prosecuted for contravention of Section 34(1) and
specifically s34(1)(b) ‘to prevent the escape of the waste from his
control or that of any other person.’ Neither subsection (1A) nor (2A) had
been enacted at the time of the prosecution.

 

Kind regards

 

Maria Bisby

Environment Agency

National Requests Team

Part of National Operations

03708 506 506

[1][email address]

 

 

 

 

 

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