Environmental Update (February 2009)
In Court
One of the UK's largest waste management companies were given a
fine and costs totalling £166,000 after an incident at one of its
hazardous waste management facilities in Bootle, Liverpool. It is a
stark reminder of the potential penalties that can be applied to
breaches of environmental legislation.
The incident, which occurred on 27th April 2006
caused the release of toxic fumes which resulted in 4 members of
staff requiring medical treatment as well as several members of the
public reporting side effects.
The company pleaded guilty to eight charges under a joint
prosecution by the Environment Agency and the Health and Safety
Executive.
Another significant fine was imposed in November when a separate
company was fined £150,000 for a breach at a sewage works which
caused significant loses to the local fish population.
These prosecutions are significant in light of a new EU Directive
on environmental crime, scheduled to come into force next year. As
a result, we may see the penalties for environmental breaches being
set even higher, including an increase in the personal criminal
liability of directors and other company officers.
The new directive could also have a lasting legacy as almost any
environmental conviction is enough, in theory, to disqualify that
company from holding an environmental permit. According to the
legislation, if you're convicted of a relevant environmental
offence, you "shall be treated as not being a fit and proper
person" unless you can persuade the regulator otherwise.
Future legislation will see regulators given significant
enforcement power, which means that companies need to take their
environmental responsibilities seriously otherwise there could be a
serious sting in the tail after what may seem a minor
prosecution.
If you have concerns please speak to our Telephone
Advice Service on 0800 634 7000 or your Environmental
Consultant.