Fined £12,000 for waste offences in Hillsborough

Two construction companies and a landowner were fined at Lisburn Magistrates’ court on 27 April 2007 for breaches of waste management legislation.

McLaughlin & Harvey Ltd of Mallusk, McAvoy Construction Ltd of Banbridge and Mr Thomas Edwin Nimmons (60), of Annaghadoon Road, Waringstown pleaded guilty to offences under The Waste and Contaminated Land Order (NI) 1997.

Environment and Heritage Service officers investigated complaints of the illegal deposit of waste at a site owned by Mr Nimmons adjacent to Waterfall Lodge, Edentrillick Road, Hillsborough on 4 March 2005. They observed McAvoy Construction Ltd depositing sleech (a black foul smelling clay slurry). More than 10,000 tonnes of excavation waste were discovered on the site. McAvoy Construction Ltd admitted to transporting more than 2,500 tonnes to the Edentrillick site, from the site of the extension to the Bow Street Mall shopping centre (for which McLaughlin & Harvey Ltd was the site manager). Disposing of this waste at a legal landfill site would have cost more than £12,900.

McAvoy Construction Ltd was fined a total of £8,000 (£5,000, £1,000 & £2,000) for three charges - plus court costs of £79 - , for the deposit of controlled waste on the land without a waste management licence, causing others to break Duty of Care and failure to produce a Waste Transfer note.

McLaughlin & Harvey Ltd was fined £3,000 (plus court costs of £82) for its failure to produce a Waste Transfer note.

Mr Nimmons was fined £1000 on one charge (plus court costs of £79), for the deposit of controlled waste on the land without a waste management licence and failure to produce a Waste Transfer note.

Notes to Editors:

The controlled waste in question was sleech, a black, foul-smelling clay slurry.

The defendants were fined under the following charges:

1. Article 4(1)a of The Waste and Contaminated Land (Northern Ireland) Order 1997 where the charge related to the deposit of controlled waste, or knowingly causing or knowingly permitting controlled waste to be deposited in or on land unless a waste management licence authorising the deposit is in force and the deposit in accordance with the licence;
2. The Waste and Contaminated Land (NI) Order 1997 – Article 5(1)(a) cites – “Failure to take all such measures applicable in that capacity as are reasonable in the circumstances to prevent any contravention by any other person of Article 4”;
3. The Waste and Contaminated Land (NI) Order 1997 – Article 5(7) and the charge related to failure to comply with a notice to produce Duty of Care documentation.