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Birmingham business fined £29,000 following abandoned trailer on A49


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Birmingham business fined £29,000 following abandoned trailer on A49

Largest prosecution fine for unlawful waste disposal awarded to Herefordshire Council 

Birmingham business MJB Truck Services Limited has received fines and costs totalling £29,000, and Director Jason Bowser (45, of Old College Drive, Wednesbury) received a three year conditional discharge, following the unlawful disposal of hazardous waste on the A49 outside Ross-on-Wye.

In an earlier hearing at Hereford Magistrates’ Court (24 October 2018), MJB Truck Services Limited and Mr Bowser pleaded guilty to failing in their duty of care to transfer their business waste, which included hazardous waste oil from an industrial process, to an authorised person and to secure the transfer with a written description of the waste.

In December 2017, Herefordshire Council put out an appeal for information about an articulated trailer that was dumped on the A49 layby at Much Birch, between Ross-on-Wye and Hereford. Officers from the council’s Community Protection Team discovered that the trailer had been abandoned containing approximately 24,000 litres of waste oil.

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The articulated trailer contained approximately 24,000 litres of an oil

Although the trailer had all of its identification markings removed, following an extensive eleven month investigation with assistance from the local Environment Agency enforcement team, officers were able to trace the trailer’s ownership from a hire sticker on the trailer. It was eventually established that Jason Bowser had purchased the trailer from an online auction site, giving a false company name to the seller.

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The articulated trailer has a distinctive camel image on the back

Mr Bowser admitted that he instructed an unknown third party to dispose of the trailer and its contents for a £3000 cash payment. Bowser also admitted that he knew that it was possible that the third party may illegally dispose of the trailer and its contents, but he transferred the waste regardless.

David Hough, Herefordshire Council’s Trading Standards Service Manager, said:

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“This is the largest fine Herefordshire Council has been awarded for a trade waste prosecution, and reflects the considerable environmental risk posed by the abandoned contaminated liquid, which would have had a catastrophic effect if the liquid had leaked into the surrounding countryside and watercourses. All businesses must ensure they have appropriate duty of care measures in place so their trade waste is disposed of correctly, and we will take action against any business that illegally disposes of their waste.”

Councillor Barry Durkin, Herefordshire Council’s Cabinet Member for Transport and Regulatory Services, said:

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“In this particular case, the significant fine reflects the potential environmental risk posed by the abandoned waste. By bringing this case to prosecution, Herefordshire Council has shown that we will take action against any householder or business that illegally disposes of their waste.”

 

 

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£29000 fine and costs , it would be interesting to know the breakdown of the fine and costs , as I recall,  it cost quite a bit to get the HGV and its load removed and sorted out . So,I hope that the Costs covered everything .

having saud that wondering if nothing will be paid or will the Offending Company go into liquidation etc.

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2 hours ago, Ubique said:

£29000 fine and costs , it would be interesting to know the breakdown of the fine and costs , as I recall,  it cost quite a bit to get the HGV and its load removed and sorted out . So,I hope that the Costs covered everything .

having saud that wondering if nothing will be paid or will the Offending Company go into liquidation etc.

This was always a case about 'liquid'! I agree with you. It is very unclear regarding the costs to The Council about the physical disposal of this oil waste. If, in theory, the fine was paid would the Council still be out of pocket? How much of the £29k fine would The Council see if it was ever paid? 

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56 minutes ago, ragwert said:

Still in business

Hardly my point. If the fine was fully paid .... Would The Council have made a net gain/loss? I think it is unsustainable to spend money for 11 months targeting one case. I think it was a worthy cause. I'm just questioning how sustainable the Model is? On the one hand you have the kitchen sink thrown at the case, on another hand you have team of people targeting revenue by chasing cigarette litter (New Street Station) .... It seems so unjoined up! 

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  • 2 weeks later...

I agree Roger. The person who got caught should have to pay the whole cost to remove the waste in addition to being fined. The fine should pay for the wages of the people involved with the case as well as go for bettering the environment within the Herefordshire. 

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I was at Birmingham New Street railway station today. I saw two Police Officers', and a Council guy, who were processing a man who had dropped a cigarette end. Three people to sort out a 1cm size piece of litter. Obviously a Council bod is not effective unless real enforcers' are there to back them up! When you have two cops' supervising the issue of a penalty for dropping a *** end then the budget for the Police is obviously too much. They have too much time on their hands'! 

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