Environmental Agency warnings were frequently disregarded by David Wells, 41, of Fretter Close in Broughton Astley, Leicestershire, and Daniel Hancock, 32, of Gull Crescent in Northampton. They each received an 8-month jail term with a two-year suspension and were also had to undertake 100 hours of unpaid labour.
Following an inquiry by the Environment Agency, the couple, who had already entered a guilty plea, were sentenced to pay £4,900 in costs at Northampton Crown Court.
At a location on the outskirts of the hamlet of Boughton, both had been storing and burning rubbish without the necessary environmental permissions, the court heard. Residents in the area reported seeing flames emanating from the Boughton Springs facility and breathing noxious odours.
Witnesses noted “extremely thick dense smoke” and “very stinky” as well as “acrid and highly poisonous” conditions during the lockdown in the spring and summer of 2020. Additionally, reports of smoke with a “very bad odour” and “regular and difficult fires” were made.
They were unable to sit in their gardens, hang out laundry, or open their windows, according to their neighbours. When flames were active, one elderly neighbour had respiratory problems.
Environment officers came by on many occasions to warn people and provide guidance on what may lawfully be burned. Despite these trips, the duo persisted in burning materials without a permit and unlawfully storing mixed garbage on the property.
Officers made an unannounced visit in February 2021 after more fires were reported. When they arrived, they saw a fire made out of furniture, cans, laminated wood, green garbage in plastic bags, and other ordinary rubbish.
Officers on the scene characterised the fire’s smoke as being black and having a “toxic” odour.
At the location, piles of objects were discovered, including toilets, scrap metal, 3 metres squared of used printer cartridges, bags of household rubbish, rugs, toys, and clothing. A large portion of the garbage was kept on the ground, endangering soil and water pollution, producing an unpleasant odour, and attracting flies and animals.
Despite police’ warnings, the two continued to store unlawful mixed garbage as of July. According to testimony given in court, the Environment Agency had no choice but to file charges.
Sarah Dunne, a prosecutor with the Environment Agency, said:
Officers had made every effort to work with the men to help them comply with the law.
Their activities had harmed the environment, impacted upon lawful competitors and undermined the Environment Agency’s attempts to regulate and protect the environment.
Sentencing Wells and Hancock, Her Honour Judge Lucking QC said:
The pair’s ‘lucrative’ business had had ‘an impact on other people’s mental health and well-being.
If the pair were back before the court for further environmental offences, they risked immediate custody. They had demonstrated a ‘resistant attitude’ to the Environment Agency and a ‘flagrant disregard’ for the law.
Paul Salter, Environmental Crime Officer at the Environment Agency, said:
David Wells and Daniel Hancock’s convictions show how seriously we take the issue of waste crime.
This burning of waste blighted the community throughout lockdown, causing residents misery. The men were advised on many occasions as to how to store and safely manage their waste but refused to comply.
The burning of waste must be done in a sustainable and properly managed way that mitigates any impact on the local community. This was not done in this case.
Anyone with suspicions of waste crime can call our incident hotline, 0800 807060, or Crimestoppers, on 0800 555111.