A WASTE disposal company based in Swindon and one of its officers have been ordered to pay £73,000 in fines and costs after allowing dust to escape from their site and operating without an environmental permit.

Averies Recycling (Swindon) Ltd, based at Marshgate Industrial Estate pleaded guilty at Bristol Crown Court on 13 November 2013, to causing a nuisance to neighbouring businesses with dust generated from their waste operations. In addition the company also pleaded guilty to operating a waste transfer station without an environmental permit. The company was fined a total of £11,000 and ordered to pay costs of £60,000.

Lee Averies, 44, an officer of Averies Recycling (Swindon) Ltd pleaded guilty to causing the company to commit the dust offence by neglecting to ensure appropriate measures were in place or followed to control dust from escaping the Marshgate site. He was fined £2,000.  

The court heard that dust escaping from the site blighted neighbouring businesses, their staff and customers by settling on their vehicles, affecting the quality of their working life and in the case of one company, contributed to the replacement of air filtering equipment. Some of the businesses including car repair companies were forced to frequently wash the dust off customers’ cars.

As part of the Court proceedings the company has agreed to implement a raft of measures at both the Marshgate site and their Brindley Close site, which includes: a variation of their environmental permits with updated Environmental Management Systems, Dust Management Plans and an Odour Management Plan. In addition the company will construct a building to enclose the waste operations for which they already have planning permission. The measures should result in both sites operating in compliance with their environmental obligations.

His Honour Judge Mercer in his sentencing remarks said that the failure to conduct their business activities properly affected their neighbours by the dust having a considerable impact on the life of the neighbours and potentially the brook nearby. The Memorandum of Agreement will hopefully ensure problems do not recur and if it happens again the Court will be harsher.

Glen Browne, an Environment Officer at the Environment Agency, said: “We are pleased the court has taken this action. Waste businesses must ensure that as operators they have a permit and that their activities do not cause nuisance by allowing, in this case, dust to repeatedly escape from their premises thereby risking pollution of the environment as well as disrupting the working lives of surrounding businesses and their employees.

“We always try to work with waste companies to help them meet the requirements of their conditions. However, where companies fail to respond, we will take firm enforcement action. Waste service company directors should be aware of the correct way to run their business to ensure they are not harming the environment or breaking the law. Anyone in any doubt as to their responsibilities should contact us immediately for further guidance.”