Press release: Company and director sentenced after pollution incidents

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A company and its director have received fines and costs totalling £33,000 after significantly polluting a stream with blood and then failing to notify the Environment Agency.

The case against AWSM Recycling Ltd, of Lane Head Farm, Hutton Magna, west of Darlington and its sole director Adam Metcalfe, 37, of the same address, involves a number of breaches of environmental law over a significant period of time between July 2011 and October 2015.

The company stores waste and spreads it on agricultural land for the purpose of land improvement, which is controlled by environmental permits.

Both the company and Metcalfe appeared for sentencing at Teesside Crown Court on Monday 19 June. Metcalfe was fined £1,000 and his company £20,000, with the company also ordered to pay £12,000 in court costs.

Pollution in one of the streams

Three separate pollution incidents

Representing the Environment Agency, barrister Craig Hassall outlined the offences to the court.

The charges relate to the illegal spreading of hazardous material on land, unauthorised burning of waste and, by breaching permit conditions, allowing waste to escape into streams in three separate incidents.

It also involves the spreading of a nitrogen-rich substance contrary to regulations designed to protect the environment from pollution.

The offences admitted by AWSM Recycling Ltd at a previous court hearing in November 2016 include three significant pollution incidents between January and May 2015.

The first, into Newbiggin Beck, was a leak from a store of blood waste which was kept for land spreading. It resulted in Bishopton Beck in particular being affected, with all invertebrates and fish for 1.2km downstream found dead.

A second incident in March affected Stillington Beck for 1km, significantly reducing oxygen levels in the water. It was caused by land spreading activities involving abattoir waste.

And in May 2015, it was reported that a concrete store which held waste beef blood at Lane Head Farm was leaking into a drain and flowing into a stream. A number of dead fish were found downstream into Smallways and Hutton Becks for a distance of 2km. The water samples showed high ammonia concentration levels.

Dead fish following one of the pollution incidents

Breached permit regulations

The company also admitted failing to notify the Environment Agency about a pollution incident in relation to the May offence.

In further offences, the company also took in large amounts of waste not covered by its environmental permit, including some containing antimony, a substance that should not be allowed to enter groundwater.

Metcalfe, 37, pleaded guilty at the same hearing last November to burning waste at Lane Head Quarry, and failing to notify the Environment Agency about a pollution incident in relation to the May offence impacting on Smallways and Hutton Becks.

Both the company and Metcalfe further appeared at Teesside Crown Court on Tuesday, 21 March this year, where they pleaded guilty to a further offence of failing to comply with Nitrate Prevention regulations because they spread nitrogen-rich digestate during the closed period, which resulted in ammonia being found in a local stream.

Metcalfe, representing AWSM Recycling Ltd, said that since the offences about accepting waste not covered by a permit had come to light new procedures had been put in place, with producers now asked to complete an audit form.

He said he thought he had an exemption to cover the waste on his land at Lane Head Farm.

And he said the first pollution incident was due to vandalism of his storage tank, and he did not feel the incident was serious enough to report at first look. A mechanical failure of new equipment led to the March pollution incident, he added.

Neglect ‘led to serious pollution incidents’.

Following the sentence, the Environment Agency’s John Crowl, said: “Environmental permits are there to protect our communities and the environment and both AWSM Recycling Ltd and Adam Metcalfe flouted these permits for a significant period of time.

“Their neglect led to serious pollution incidents which impacted on nearby streams and killed fish and invertebrates.

“This has been a lengthy and complicated investigation by our environment officers and we’re pleased this has now been dealt with by the court.

“I hope this sends out the message to others that if they fail to abide by environmental laws then we will take action.”

Press release: Company and director sentenced after pollution incidents

image_pdfimage_print

A company and its director have received fines and costs totalling £33,000 after significantly polluting a stream with blood and then failing to notify the Environment Agency.

The case against AWSM Recycling Ltd, of Lane Head Farm, Hutton Magna, west of Darlington and its sole director Adam Metcalfe, 37, of the same address, involves a number of breaches of environmental law over a significant period of time between July 2011 and October 2015.

The company stores waste and spreads it on agricultural land for the purpose of land improvement, which is controlled by environmental permits.

Both the company and Metcalfe appeared for sentencing at Teesside Crown Court on Monday 19 June. Metcalfe was fined £1,000 and his company £20,000, with the company also ordered to pay £12,000 in court costs.

Pollution in one of the streams

Three separate pollution incidents

Representing the Environment Agency, barrister Craig Hassall outlined the offences to the court.

The charges relate to the illegal spreading of hazardous material on land, unauthorised burning of waste and, by breaching permit conditions, allowing waste to escape into streams in three separate incidents.

It also involves the spreading of a nitrogen-rich substance contrary to regulations designed to protect the environment from pollution.

The offences admitted by AWSM Recycling Ltd at a previous court hearing in November 2016 include three significant pollution incidents between January and May 2015.

The first, into Newbiggin Beck, was a leak from a store of blood waste which was kept for land spreading. It resulted in Bishopton Beck in particular being affected, with all invertebrates and fish for 1.2km downstream found dead.

A second incident in March affected Stillington Beck for 1km, significantly reducing oxygen levels in the water. It was caused by land spreading activities involving abattoir waste.

And in May 2015, it was reported that a concrete store which held waste beef blood at Lane Head Farm was leaking into a drain and flowing into a stream. A number of dead fish were found downstream into Smallways and Hutton Becks for a distance of 2km. The water samples showed high ammonia concentration levels.

Dead fish following one of the pollution incidents

Breached permit regulations

The company also admitted failing to notify the Environment Agency about a pollution incident in relation to the May offence.

In further offences, the company also took in large amounts of waste not covered by its environmental permit, including some containing antimony, a substance that should not be allowed to enter groundwater.

Metcalfe, 37, pleaded guilty at the same hearing last November to burning waste at Lane Head Quarry, and failing to notify the Environment Agency about a pollution incident in relation to the May offence impacting on Smallways and Hutton Becks.

Both the company and Metcalfe further appeared at Teesside Crown Court on Tuesday, 21 March this year, where they pleaded guilty to a further offence of failing to comply with Nitrate Prevention regulations because they spread nitrogen-rich digestate during the closed period, which resulted in ammonia being found in a local stream.

Metcalfe, representing AWSM Recycling Ltd, said that since the offences about accepting waste not covered by a permit had come to light new procedures had been put in place, with producers now asked to complete an audit form.

He said he thought he had an exemption to cover the waste on his land at Lane Head Farm.

And he said the first pollution incident was due to vandalism of his storage tank, and he did not feel the incident was serious enough to report at first look. A mechanical failure of new equipment led to the March pollution incident, he added.

Neglect ‘led to serious pollution incidents’.

Following the sentence, the Environment Agency’s John Crowl, said: “Environmental permits are there to protect our communities and the environment and both AWSM Recycling Ltd and Adam Metcalfe flouted these permits for a significant period of time.

“Their neglect led to serious pollution incidents which impacted on nearby streams and killed fish and invertebrates.

“This has been a lengthy and complicated investigation by our environment officers and we’re pleased this has now been dealt with by the court.

“I hope this sends out the message to others that if they fail to abide by environmental laws then we will take action.”

Press release: Statement on the proposed Sky plc / 21st Century Fox Inc. merger

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In a statement issued today, the Culture Secretary said:

Today I can confirm that following my intervention in the proposed acquisition of Sky plc by 21st Century Fox Inc., I have received reports from Ofcom on two public interest grounds, and the Competition and Markets Authority (CMA) on jurisdiction, as set out in the European Intervention Notice (EIN) issued on 16th March 2017.

In addition, Ofcom has provided me with a copy of its separate fit and proper assessment which it carried out in accordance with its duty under the Broadcasting Acts 1990 and 1996, and which it confirmed on the 16th March would be considered within the same timeframe as the public interest assessment.

The EIN issued on 16th March required Ofcom to assess and report to me on two public interest grounds: 1) the need for there to be a plurality of persons controlling media enterprises; and 2) for those carrying on or in control of such enterprises to have a genuine commitment to the attainment of broadcasting standards objectives. It also required the CMA to report to me on jurisdiction.

The reports were originally due on the 16th May and, on the 21st April, I extended this deadline to 20th June in light of the announcement of the General Election.

The decision before me now, which I am required to take acting in a quasi-judicial capacity, is whether – taking account of the specified public interest grounds – it is, or may be the case, that the merger operates, or may be expected to operate, against the public interest and therefore whether or not to refer for a fuller phase 2 investigation by the CMA. I will consider these reports in detail before coming to an initial view on whether or not I am minded to refer the merger.

I will aim to make my initial ‘minded to’ decision, publish the CMA and Ofcom public interest reports – in line with the requirements under the Enterprise Act 2002 – and return to Parliament to make an oral statement by Thursday 29th June. There will then be an opportunity for representations to be made before I take a final decision.

In the meantime, given the ongoing quasi-judicial nature of this process, I am unable to comment substantively on the matter of this case. My priority remains – as it has throughout this proposed merger – to make my decision independently, following a process that is scrupulously fair and impartial, and as quickly as possible.

Notes to Editors

  1. The Culture Secretary intervened in the proposed acquisition of Sky plc by 21st Century Fox by issuing a European Intervention Notice (EIN) on Thursday 16th March. The EIN specified that reports on two public interest grounds by Ofcom and on jurisdiction by the CMA, should be submitted by Tuesday 16th May.
  2. On 21st April the Culture Secretary extended this deadline to Tuesday 20th June due to the announcement of the General Election.
  3. The reports from the CMA and Ofcom to the Culture Secretary will be published on our website by Thursday 29th June. Ofcom’s separate fit and proper assessment will be published by them (on the same timetable).
  4. All the received representations and statements detailing the process and requirements up till this point are available on the DCMS website.

Commerce and Industry Minister Smt. Nirmala Sitharaman chairs Board of Trade Meeting to consult industry on Mid-term Review of the Foreign Trade Policy

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The 2ndreconstituted Board of Trade (BOT) Meeting chaired by Commerce and Industry Minister Smt. Nirmala Sitharaman was held today. Addressing the meeting she said the Government is fully seized with the concerns of the exporters and is engaged in intensive inter- departmental consultations with Department of Revenue and Ministry of Finance on their concerns related to GST.