A metal sheeting company has been fined for packaging waste offences.
Coverworld Limited yesterday (19 November) pleaded guilty at Chesterfield Magistrates’ Court to four offences, relating to a period from 2004 to 2007, and asked for a further eight offences to be taken into consideration.
The company, of Mansfield Road, Bramley Vale, Chesterfield, should have been registered with the Environment Agency and was obliged to recover and recycle a portion of its packaging waste, as well as filing a certificate at the end of each year to confirm it had met these obligations.
However, Coverworld - which handles wooden, plastic and cardboard packaging as part of its business manufacturing metal roofing and cladding - did not register with the Environment Agency until 2008.
The court heard a routine check by the Environment Agency in summer 2008 established that the company should have been registered in previous years.
When Coverworld supplied turnover and packaging details indicating it was obliged to have been registered since 2004.
Trevor Cooper, prosecuting for the Environment Agency, said Coverworld’s explanation for failing to comply with the packaging waste regulations was that it had been “unaware” of their existence and registered as soon as it became aware.
By failing to register, Mr Cooper said Coverworld had avoided fees and other costs of at least £9,900.
In addition to the total fine of £9,600, the magistrates ordered the company to pay compensation to the Environment Agency of £3,254 to cover the unpaid registration fees, as well as full prosecution costs of £1,868 and a victim surcharge of £15.
The court heard aggravating features of the case were that the offences had continued over a long period of time and that the company had saved money by not complying with the regulations.
The magistrates gave credit to Coverworld for an early guilty plea and accepted its mitigation that the company had no previous convictions for environmental offences and these offences had not been committed intentionally for financial gain.
Concerns about the volume of packaging waste being disposed of led to the introduction of an EU directive to require packaging waste to be recovered and recycled.
The EU directive was incorporated into UK law by the Environment Act 1995 and its provisions came into effect in the UK in 1997, 2005 and 2007.
The regulations apply to companies which (1) manufacture or fill packaging, or sell or import packaged goods; (2) have an annual turnover exceeding £2 million; and (3) handle more than 50 tonnes of packaging per year.
The offences Coverworld admitted were committed contrary to Producer Responsibility Obligations (Packaging Waste) Regulations 1997 and 2005, and the Environment Act 1995.
Coverworld Limited was charged with and pleaded guilty to four offences:
1) On or before 7 April 2004 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 3(5)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 as amended, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to register those obligations as provided by Regulation 5 of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997.
Contrary to Regulation 3(5)(a) and 34(1)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended, and Sections 93(1) and 95(1) of the Environment Act 1995.
2) On or before 7 April 2005 at Mansfield Road, Bramley Vale, Chesterfield, did contravene
Regulation 3(5)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 as amended, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to register those obligations as provided by Regulation 5 of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997.
Contrary to Regulation 3(5)(a) and 34(1)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended, and Sections 93(1) and 95(1) of the Environment Act 1995.
3) On or before 7 April 2006 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to register those obligations as provided by Regulation 6 of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005.
Contrary to Regulation 4(4)(a) and 40(1)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
4) On or before 7 April 2007 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to register those obligations as provided by Regulation 6 of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005.
Contrary to Regulation 4(4)(a) and 40(1)(a) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
The company asked for the following offences to be taken into consideration:
1) Between 1 January 2004 and 31 December 2004 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 3(5)(b)(i) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 as amended, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to take reasonable steps to recover and recycle packaging waste.
Contrary to Regulation 3(5)(b)(i) and 34(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended, and Sections 93(1) and 95(1) of the Environment Act 1995.
2) On or before 31 January 2005 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 3(5)(b)(ii) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 as amended, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to furnish a certificate of compliance in respect of recover and recycling obligations in accordance with Regulation 23 of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997.
Contrary to Regulation 3(5)(b)(ii) and 34(1)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended, and Sections 93(1) and 95(1) of the Environment Act 1995.
3) Between 1 January 2005 and 31 December 2005 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 3(5)(b)(i) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 as amended, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to take reasonable steps to recover and recycle packaging waste.
Contrary to Regulation 3(5)(b)(i) and 34(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended, and Sections 93(1) and 95(1) of the Environment Act 1995.
4) On or before 31 January 2006 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to furnish a certificate of compliance in respect of recover and recycling obligations in accordance with Regulation 21 of the Producer
Responsibility Obligations (Packaging Waste) Regulations 2005.
Contrary to Regulation 4(4)(c) and 40(1)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
5) Between 1 January 2006 and 31 December 2006 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(b)(i) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to recover and recycle packaging waste.
Contrary to Regulation 4(4)(b)(i) and 40(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
6) On or before 31 January 2007 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to furnish a certificate of compliance in respect of recover and recycling obligations in accordance with Regulation 21 of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005.
Contrary to Regulation 4(4)(c) and 40(1)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
7) Between 1 January 2007 and 31 December 2007 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(b)(i) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to recover and recycle packaging waste.
Contrary to Regulation 4(4)(b)(i) and 40(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005, and Sections 93(1) and 95(1) of the Environment Act 1995.
8) On or before 31 January 2008 at Mansfield Road, Bramley Vale, Chesterfield, did contravene Regulation 4(4)(c) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, in that being a producer in respect of that year and having producer responsibility obligations in respect of that year, failed to furnish a certificate of compliance in respect of recover and recycling obligations in accordance with Regulation 21 of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Contrary to Regulation 4(4)(c) and 40(1)(c) of the Producer Responsibility Obligation (Packaging Waste) Regulations 2007, and Sections 93(1) and 95(1) of the Environment Act 1995.
