The Environment and Heritage Service (EHS) investigation from 11 December 2003 to 25 November 2004 inspected the site five times and found an estimated 6,540cubic metres deposit of controlled waste. The waste consisted of construction and demolition wastes, wood, metals and plastics. This would equate to an estimated saving of £330,270 in landfill charges at the nearest landfill site in 2004.
The number of vehicles required to deposit this amount of material would be over 250, assuming that each vehicle contains 25 tons of waste. A trailer, similar to those used by the industry to transport waste was partially buried on site on the 13 October 2004.
At the outset of the investigation Mr Leyburn was informed that to infill any lands with controlled waste would require permission from DOE. However the site continued to be infilled and no permission had been sought. A Notification under Article 27 of the 1997 Order issued to Mr Leyburn to remove controlled waste from the site had not been complied with.
The defendant pleaded guilty to three charges under the 1997 Order on 15 December 2006.
Yesterday he was fined £15,000 and sentenced to five months in jail under Article 4(1)(a) of The Waste and Contaminated Land (Northern Ireland) Order 1997: a charge of knowingly permitting controlled waste to be deposited on land without a waste management licence in force; and £15,000 under Article 4(1)(b) of the 1997 Order: a charge of Knowingly permitting controlled waste to be kept and treated on land without a waste management licence in force; and £15,000 under Article 4 (1)(c) of the 1997 Order : a charge of knowingly permitting controlled waste to be deposited on land in a manner likely to cause pollution of the environment or harm to human health. The five month jail sentences are concurrent and were suspended for three years.
NOTES TO EDITORS:
The Court directed for the prosecution and defence to meet on site to discuss the notification to remove waste. This meeting was on3 January 2007. EHS supplied machinery to conduct an intrusive survey. Five inspection trenches were dug. Each excavation confirmed that controlled waste, commercial in nature, comprising of wood (much of which was biodegrading within the landfill), plastics, metal, plastic piping and cabling was present.
EHS upheld that the Article 27 Notification must be complied with and required the waste to be removed in order to prevent any future pollution of the environment.
