Yesterday, Harry Benedict Whyte trading as Blue River Demolition and a former employee Mark Adrian Young were sentenced at Nottingham Magistrates’ Court to charges of fly-tipping and causing pollution of the environment.
The court sentenced Harry Whyte, aged 23, of Bunny Hall, Nottingham, to four months imprisonment suspended for 12 months. He was also ordered to carry out 150 hours of unpaid work, ordered to pay £35,000 in compensation to P Waller Limited and £23,955.67 as a contribution to prosecution costs.
The court sentenced Mark Young, aged 49, formally of Carnwood Road, Bestwood, Nottingham, to three months imprisonment suspended for 12 months. He was also ordered to carry out 100 hours of unpaid work and pay £250 as a contribution to prosecution costs.
The charges were brought by the Environment Agency under Section 33 (1) (a) and (c) of the Environmental Protection Act 1990.
Prosecuting on behalf of the Environment Agency, Counsel Mr Barry Berlin told the court that on 12 February 2011, a fly-tipping incident occurred on land at 275 Vernon Road, Nottingham. The land in questioned was owned by P Waller Limited.
The Environment Agency visited the site shortly after receiving the report and found that a number of industrial bulk containers filled with various hazardous substances including heavy fuel oil, asbestos and laboratory smalls had all been dumped at the site without the owner’s permission. The following evening, a fire broke out at the site resulting in a neighbouring property being evacuated by the fire service due to the ferocity of the fire.
P Waller Limited was then left with the cost of the clear up operation that cost in excess of £41,000.
Following investigation by the Environment Agency, the truck that was seen fly-tipping was traced back to Mark Young. He was employed by Harry Whyte, who was trading under the name of Blue River Demolition.
It transpired that In August 2010, Mr Whyte’s company had been appointed as principal contractor to demolish, clear, remove and dispose of materials from a site in Long Eaton, Derbyshire, the former Nylatex site. After a specialist contractor had refused to remove some of the waste from the site, Harry Whyte had instructed Mark Young to remove it. This waste was later fly-tipped at the site in Vernon road.
Speaking after the case, an Environment Agency officer in charge of the investigation said, “In committing this offence, the defendants showed a total disregard of the law. They chose to dispose of the hazardous waste in a highly irresponsible manner. We want this case to serve as a warning to other operators who may be considering disposing of their waste illegally. We will not hesitate to prosecute when circumstances warrant it.”
In passing sentence, District Judge Pyle told Mr Whyte that his actions were deliberate and prompted by financial motives. District Judge Pyle told Mr Young that his direct actions caused damage to the environment and a resulting fire where a young child had to be carried away from their bed during night time hours. He further told both defendants that the offences with which they were charged were so serious that neither a fine nor community penalty would be sufficient.