Conviction for Illegal Waste Operator
We note that Natural Resources Wales, have successfully prosecuted a case involving illegal waste operation in South West Wales. James Anthony Gunter admitted the offences of operating an illegal waste facility and disposing of waste at the facility in a manner likely to cause pollution to the environment and human health.
Gunter had been running a household clearance and rubbish removal business and had been receiving money from customers then taking their waste to a site in Brynamman, Ammanford to illegally dispose of the waste. NRW’s enforcement team and officers from Dyfed-Powys Police conducted a joint operation and investigation. On 31st July Gunter was sentenced at Llanelli Magistrates’ Courts to 12 months’ community service consisting of 200 hours unpaid work. He was also ordered to pay costs of £6,709 and a victim surcharge of £85.
The maximum fine for environmental offences is unlimited and custodial sentences can be up to 5 years for environmental offences. In this case, it appears that Gunter deliberately carried out an illegal waste operation (storage and burning of waste) and is arguably fortunate to have avoided a custodial sentence.
Gunter had been running a household clearance and rubbish removal business and had been receiving money from customers then taking their waste to a site in Brynamman, Ammanford to illegally dispose of the waste. NRW’s enforcement team and officers from Dyfed-Powys Police conducted a joint operation and investigation. On 31st July Gunter was sentenced at Llanelli Magistrates’ Courts to 12 months’ community service consisting of 200 hours unpaid work. He was also ordered to pay costs of £6,709 and a victim surcharge of £85.
The maximum fine for environmental offences is unlimited and custodial sentences can be up to 5 years for environmental offences. In this case, it appears that Gunter deliberately carried out an illegal waste operation (storage and burning of waste) and is arguably fortunate to have avoided a custodial sentence.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
