Dodgy 'topsoil' costs waste carrier £20,000

Registered carrier TW Frizell (Haulage and Plant Hire) was fined £20,000 by Crewe magistrates on 28 January for dumping construction and demolition (C&D) waste at two sites in Cheshire.

At both sites the company had charged the landowners for "topsoil" to be used for landscaping and infilling. However, the waste was clearly unsuitable and included plastics, metals and carpet underlay.

One of the landowners was unaware that the company, run by Trevor Frizell, had tipped C&D waste on his land. But the other, Rigby Williamson, admitted he knew what material it contained.

About 2,500 tonnes of waste was tipped at Mr Williamson's farmland, which runs alongside the river Weaver. The Agency had been concerned that the material posed a potential flood risk because it had been tipped up to the edge of the river bank.

Although Mr Frizell claimed the material was not waste, transfer notes completed when he had taken it away from one construction site described it as "builder's demolition rubble - soils and subsoils". He had not completed any of the transfer notes that were legally required when the waste was tipped.

Mr Frizell was convicted of two offences of tipping waste at an unlicensed site, contrary to section 33(1)(a) of the Environmental Protection Act 1990, and two offences of failing to complete transfer notes, contrary to section 34(5) of the Act. He was fined £5,000 for each offence.

Mr Williamson was fined £2,000 for knowingly permitting the tipping of waste at an unlicensed site. Each man was ordered to pay £1,770 costs.

Mr Williamson has made an agreement with the Agency to remove the waste from his land.

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