Kier Construction Limited (KIER), and their sub-contractor BKP Waste Recycling Limited (BKP), were sentenced at Bournemouth Crown Court on 12 January 2018 after earlier pleading guilty to an offence under the Environmental Permitting (England and Wales) Regulations 2010.

Kier Construction was commissioned by The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust to carry out re-development work at Christchurch Hospital in February 2012. KIER appointed BKP Waste Recycling Limited to drain and remove oil from an oil supply line in the hospital grounds.

Oil escaped from a poorly-made connection in the oil supply pipework, which failed during routine testing of heating systems at the hospital in November 2014. The spillage polluted groundwater.

The case was bought by the Environment Agency at the end of a lengthy investigation that uncovered negligence on the part of both contractors.

Ian Withers of the Environment Agency said:

This pollution incident had the potential to cause serious harm to the environment and was entirely avoidable. The 2 companies failed to understand the extent of the work required and mitigate the risks. Construction companies must adhere to environmental permitting regulations to prevent their activities from affecting the local environment.

KIER was fined £100,000 with £30,301 costs for causing groundwater activity under regulation 38 (1) (a) of the Environmental Permitting (England and Wales) Regulations 2010. BKP was fined £10,200 for the same offence with £42,851 costs.

If you are concerned about pollution to water or land, contact our 24-hour incident line on 0800 807060.

Greg Henshaw, 35, has been fined £2,416 after being caught by an Environment Agency bailiff for multiple fishing offences, including obstructing a fishery bailiff and using an illegal bait at Ripple on the River Severn in Tewkesbury.

Henshaw was found guilty by Cheltenham Magistrates’ Court on Friday 12 January for 5 offences; using an unlicensed rod and line, failing to state his name and address when asked by a Water Bailiff, fishing for fresh water in the closed season, wilfully obstructing an officer on duty and illegally using hook and bait during the prohibited close season.

Henshaw, of Wychwood Crescent in Birmingham did not appear in court. In his absence magistrates found him guilty of all charges. For each charge he was given a fine of £440, totalling £2,200, and Henshaw was also ordered to pay £172.61 and a victim surcharge of £44.

Andrew Eardley of the Environment Agency said:

This penalty for 1 angler is amongst the highest I’ve ever seen, and it’s good to see that the courts take instances of obstruction against enforcement officers seriously and that offenders are prosecuted.

An annual fishing licence costs just £30, yet a small number of anglers continue to flout the law and risk prosecution for fishing without a licence. Fishing licence money is invested into England’s fisheries and rivers; improving the sport of angling. So it’s fellow anglers that being cheated by those who choose to fish without a licence.

Environment Agency officers are checking licences regularly throughout the year. A licence costs just £30 and now lasts for 12 months from the day you buy it.

Money from fishing licence sales is invested in England’s fisheries and is used to fund a wide range of projects to improve facilities for anglers including protecting stocks from illegal fishing, pollution and disease, restoring fish stocks through re-stocking, eradicating invasive species, and fish habitat improvements. Fishing licence money is also used to fund the Angling Trust to provide information about fishing, to encourage participation in the sport and to manage a voluntary bailiff scheme.

Children under 12 fish for free. Anyone aged 12 to 16 also fish for free, but do need to have a valid Environment Agency fishing licence. Anyone over 16 must pay for an Environment Agency fishing licence to fish for salmon, trout, freshwater fish, smelt or eel in England.

Anyone witnessing illegal fishing incidents in progress can report it directly to the Environment Agency hotline, 0800 80 70 60. Information on illegal fishing and environmental crime can also be reported anonymously to Crime stoppers on 0800 555 111.

John Leslie Allison (72) of Southfield Lane, Colne, Lancashire, was sentenced on Friday 5 January 2018 at Preston Crown Court having pleaded guilty and been convicted on 7 July 2017 to the offence of operating an unpermitted waste facility. He was also ordered to pay the Environment Agency’s investigation costs of £9,190.64 in full.

Sentencing was postponed whilst the Court directed investigations into Mr Allison’s means.

In September the Court heard how Mr Allison had deliberately, over a 10-month period, between 20 September 2015 and 15 June 2016, been seen to repeatedly dispose of waste on land previously used for grazing livestock. This activity had continued despite a number of verbal and written warnings from the Environment Agency and a formal notice requiring him to clear waste from the land.

Sites where waste is disposed of by burying require an environmental permit from the Environment Agency and are subject to strict conditions and considerable investment in infrastructure to manage risks to the environment.

The illegal operation of this site has caused considerable concern to a number of local residents and potential harm to the environment.

The Environment Agency had sought to work with Mr Allison to bring about a change in his behaviour and had provided him with a number of opportunities to take action to remove waste from the land off Delves Lane.

An Environment Agency spokesperson said:

Mr Allison has entirely failed to respond to our efforts and, even following an interview under caution, continued to import waste to the land without regard to warnings given by the Environment Agency.

Waste crime is a serious offence, which can damage the environment, undermine legitimate business and cause misery for local residents.

The Environment Agency is determined to make life hard for criminals. Our specialist crime unit uses intelligence to track and prosecute those involved in illegal waste activity and we rely on information from the public to bring those responsible to justice.

A north east waste management company has been fined thousands of pounds for breaching environmental laws leading to a fly infestation which blighted the local community.

Niramax Group Limited appeared at Teesside Crown Court on Monday 15 January where it pleaded guilty to breaching its environmental permit, leading to a fly infestation at its site at Monument Park, Washington.

It also pleaded guilty to failing to comply with an enforcement notice by not removing waste as required at its site at Tofts Farm in Hartlepool after large amounts of waste tyres created a potential fire hazard.

The prosecution follows an investigation by the Environment Agency. They were fined a total of £16,000 and ordered to pay costs of £10,000.

Fly infestation

Lee Fish, prosecuting for the Environment Agency, told the court that at the Washington site a pre-arranged audit took place on 2 April 2015 where Environment Agency officers discovered a fly infestation.

Two of the bay doors to the waste shed were not operating satisfactorily which caused problems with pest control measures. Waste was not sufficiently divided between the four bays.

A second visit on 9 April saw the flies still present both outside and inside the waste storage shed. Efforts had been made to empty the waste from the bays. A visit on 12 April saw the site and issues had been cleared.

During the investigation Environment Agency officers spoke with neighbouring businesses and residents which confirmed the impact of the infestation.

Excessive tyre storage

At Hartlepool, where Niramax treats waste tyres, the Environment Agency originally attended the site in June 2015 after receiving complaints about dust.

On 28 July an Action Plan was signed by the operator to resolve a number of permit breaches, which included a dust management plan. And the large amounts of waste tyres on site were to be stored within bays in accordance with permit conditions and fire prevention guidance.

The operator agreed to return the site to compliance by 30 November 2015.

In February 2016, Environment Agency officers attended the site to assess its compliance with its permit. It was noted the site was still operating as it was in June the previous year and the bays were still buried under piles of waste tyres.

An enforcement notice was served on the company to clear the site of tyres by 14 June, 2016. On 15 June the Environment Agency visited the site, and while the amount of shredded tyre waste had reduced permit breaches were still evident – waste was not contained in the bays and no fire breaks were noted.

The bays were capable of storing 1490.4m3 and the contents were measured to be 2461.71m3.

‘Negative impact on local areas’

The company told the court that they had been caught out by an unseasonably sharp rise in temperature. This meant their fly suppression methods proved inadequate.

At the tyre site they suffered when a fluctuation in the market made it more difficult to remove the shredded tyres from the site. They said they had done everything in their power to comply with the enforcement notice.

Rachael Caldwell, Enforcement Team Leader at the Environment Agency in the north east, said:

Environmental laws exist for a reason – to protect the environment and communities – so it is vital that waste operators meet the conditions of their permits.

In both of these cases there was a negative impact on the local areas, which is extremely unpleasant and unacceptable and not something communities should have to endure.

We always treat operators fairly and ensure they understand the potential impact their activities can have, and work together with them to help bring sites into compliance.

At Hartlepool we gave Niramax ample opportunity to bring their site back into compliance, and at Washington we gave them five days to act on what was a serious fly infestation.

But they repeatedly showed little regard for the detrimental impact on their neighbours and the environment. And during our investigation they even described our actions – to protect the environment and the community – as ‘nit picking’.

I hope this case reassures our communities that we will do everything possible to ensure operators comply with their permit, and take enforcement action when they don’t.

Secretary of State for Environment, Food and Rural Affairs, Michael Gove, has appointed Judith Batchelar OBE, Robert Gould, John Lelliott OBE and Caroline Mason CBE for first terms to the Board of the Environment Agency. He has also reappointed Lynne Frostick and Gill Weeks OBE for second terms to the Board.

Robert Gould’s and John Lelliott’s appointments will run from 1 February 2018 until 31 January 2021. Judith Batchelar and Caroline Mason’s appointments will run from 1 April 2018 until 31 March 2021. Gill Weeks and Lynne Frostick’s reappointments run from 8 September 2017 until 7 September 2020 and 6 March 2018 until 15 March 2021 respectively.

Secretary of State Michael Gove said:

I am delighted to welcome John, Robert, Caroline and Judith. They will bring a strong and broad mix of skills and experience to the Environment Agency.

I am also thrilled that Gill and Lynne will be continuing to help us with meeting the challenges ahead.

Emma Howard Boyd, Chair of the Environment Agency said:

I am looking forward to working with John, Robert, Caroline and Judith on some of the greatest environmental challenges of our time. It was a highly competitive selection process and they will each bring a broad range of experience and expertise to the Environment Agency.

All appointments to the Environment Agency Board are made on merit and political activity plays no part in the selection process. The appointments comply with the Ministerial Governance Code on Public Appointments.

Board members provide non-executive leadership challenge and support to the Environment Agency’s executive through regular Board meetings, committees and groups. They also undertake individual lead roles on relevant issues and with local operational teams.

The Environment Agency is a Non-Departmental Public Body set up under the Environment Act 1995 to take an integrated approach to environmental protection and enhancement in England. It has major responsibilities in flood management, water resources and quality, climate change, land quality, chemicals, pollution prevention and control, waste, conservation and biodiversity, fisheries conservation, air quality and navigation.

There is a requirement for appointees’ political activity (if significant) to be declared. All the appointees have confirmed that they have not undertaken any significant political activity during the past 5 years apart from Robert Gould, who is a member of West Dorset District Council and a former leader of both Dorset County Council and West Dorset District Council.

Environment Agency Board members receive remuneration of £350 per day. Judith Batchelar, Robert Gould, John Lelliott and Caroline Mason will each receive £16,800 per year based on a time commitment of four days per month. Gill Weeks will receive £21,000 per year based on a time commitment of five days per month. Lynne Frostick will receive £25,200 per year based on a time commitment of six days per month.

Biographical details

Judith Batchelar OBE

Judith Batchelar is Director of Sainsbury’s Brand, Corporate Responsibility and Public Affairs at J Sainsbury plc, where she has worked since 2004. She previously worked for Safeway, Marks and Spencer, Mars Confectionary and Bass plc. Judith is also a Co-Chair of the Agri-food Technology Leadership Council, an Industrial Governor of the British Nutrition Foundation and an Ambassador for the Woodland Trust. Judith was appointed OBE in 2015 for services to farming and the food industry.

Lynne Frostick

Professor Lynne Frostick is both a chartered geologist and a geographer with an academic background in environmental science. She was Professor of Physical Geography at Hull University from 1996 to 2014 and is now Professor Emerita. She has published over 100 papers and books on environmental physics, modelling and hydraulic engineering. She was the first female Honorary Secretary (1988 – 1991) and second female President (2008-10) of the Geological Society of London. She was a member of the North East Regional Environmental Protection Advisory Committee (1997 – 2006) and a leading member of the 2007 independent Hull Flood Review Group. In 2009, she was named both Yorkshire’s environmental champion and Woman of Outstanding Achievement for leadership in Science, Technology, Engineering and Mathematics (STEM). She chaired the Government’s Expert Group for Women in STEM for 8 years and sat on the Athena Swan committee based in the Royal Society. She has been awarded an honorary DSc by both Royal Holloway University, London and the University of Hull. Lynne joined the Board of the Environment Agency in 2015.

Robert Gould

Robert Gould was Leader of Dorset County Council from 2014 to 2017 and a member from 2009 to 2017. He has been a member of West Dorset District Council since 2004 and was Leader from 2004 to 2014. Robert was a member of the Local Government Association’s Improvement and Innovation Board from 2015 to 2017. He previously managed the family farm after working in industry and property management.

John Lelliott OBE

John Lelliott retired as Chief Financial Officer of the Crown Estate in 2016. He is currently a Board Member of the Covent Garden Market Authority where he chairs the Audit and Risk Committee. He is also Chair of the Natural Capital Coalition and Non-Executive Director of the Royal Bournemouth and Christchurch Hospital Foundation Trust where he chairs the finance committee and is a member of the audit committee. John was appointed OBE in 2017 for services to the Crown Estate and the voluntary sector.

Caroline Mason CBE

Caroline Mason is Chief Executive of the Esmée Fairbairn Foundation, one of the UK’s largest independent grant-making foundations. She was previously Chief Operating Officer of Big Society Capital and Chief Operating Officer of Charity Bank. Before that she was co-founder and COO of Investing for Good, an enterprise offering social investment advice. Caroline is also a Board Member of the European Venture Philanthropy Association. Caroline was appointed CBE in 2013 for services to social investment.

Gill Weeks OBE

Gill Weeks is an industry expert within the field of waste and resource management. She is a Fellow of the Chartered Institution of Wastes Management and a Chartered Environmentalist. Gill joined the Board of the Environment Agency in 2014. She currently chairs the Environment and Business Committee and is a member of the Audit and Risk Committee. Gill is also the Board lead on waste and industrial processes. From 2006 to 2013 Gill was Regulatory Affairs Director at Veolia Environmental Services and was acting Policy Director at Environmental Services Association 2010-11. Gill was appointed OBE in 2011 for services to the waste management sector.