A St Austell man who repeatedly ignored warnings to clear his illegal recycling site and stop importing and transferring waste has been prosecuted by the Environment Agency.
Jake Bell, 38, of Pellymounter Road, St Austell who trades at S&J Recycling, based at Tresaddern Farm, St Columb, Cornwall, appeared before Truro Magistrates Court on Thursday, 14 August. Bell pleaded guilty to three charges. He was also sentenced for an unrelated offence of causing actual bodily harm. In total he was given 22 months in prison, suspended for two years, ordered to complete 120 hours of unpaid work, costs of £480 and is also subject to a 7pm to 7am curfew for four months.
A spokesperson for the Environment Agency said
Bell thought he could flout the law by operating an illegal site. Operating illegally undermines legitimate businesses, and our dedicated Area Enforcement Team won’t hesitate to go after such illegal activity.
Customers paid good money to have their waste taken away, believing it was being disposed of legally, but instead he was just dumping it.
The Court heard in June 2023, Environment Agency officers visited the site to carry out an inspection. They found mixed wastes in an area approximately 40 metres by 25 metres in piles that included treated wood, metal, plastics, appliances, cables, bin bags, rubble, soil, furniture, tiles, around 110 mattresses and numerous pallets.
There were two flatbed trucks in the yard and the officers found evidence that burning had been taking place on site.
Bell, the defendant operating as S&J Recycling, then arrived on site and was cautioned. He said he was a licensed waste carrier, that it was his yard and that he collected waste and brought it back to the site. He claimed his intention was to put the waste into skips to be taken away, but it was very expensive to do.
The EA explained that there were no permits or exemptions in place at the site allowing for the storage or treatment of waste and that he was operating an illegal waste site. Bell was told to cease importing waste and that the site must be cleared of waste.
Bell admitted during interview that he was accepting and sorting waste at the premises for money, but he claimed he was keen to clear the site, operate legitimately with the right permit and infrastructure, but he had no idea as to what is required.
The following month, another EA inspection took place and officers discovered that reasonable progress had been made to clear waste from the area. This was followed up in August with an EA request to Bell to provide documentation of where he had disposed of the waste. This was never followed up by Bell.
In March 2024, an EA drone flight located a site where there appeared to be a large amount of mixed waste. The site was at the rear of on an industrial estate in Roche, St Austell.
The area was filled with mixed wastes including vehicles, tyres, construction waste, appliances, mattresses, batteries, gas bottles, furniture and commercial washing machines and tumble dryers. There was also evidence of the burning of waste, including mattresses.
The registered landowner was traced and he informed the EA that since December 2023 he had rented the land to S&J Recycling. The commercial washing machines and tumble dryers were traced to the Headland Hotel who confirmed that S&J Recycling had taken the appliances, paying £300 for them.
In March 2024, Bell was sent a ‘Stop and Clear’ letter from the EA, instructing him to stop the importation and burning of waste at the Woodbridge site and to clear the premises of waste.
During interview, Bell initially denied using the Roche site but admitted to taking the appliances there, but claimed they were not waste. Bell also stated that he had no permits for the waste activities, but denied burning waste or treating waste there, but accepted that a tipper truck loaded with waste found at the site was his.
Guidance and support on how to apply for environmental permits is available from the Environment Agency and can also be found here https//www.gov.uk/guidance/waste-environmental-permits
ENDS
Notes to Editors
Bell was charged with the following offences
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Between 30 June 2023 and 15 August 2023, you Jake Bell, did deposit controlled waste namely mixed domestic, household, metal and building waste on land located at Tresaddern Farm, St Columb, Cornwall, TR9 6JD, when there was no environmental permit in force authorising such deposits. Contrary to section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended.
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Between the 30 June 2023 and 15 August 2023, you, Jake Bell were Operating a Regulated Facility, namely a waste operation including the deposit and storage of controlled waste, on land at Tresaddern Farm, St Columb, Cornwall, TR9 6JD in respect of which no environmental permit was in force. Contrary to regulations 38(1)(a) and 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
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Between the 5 March 2024 and 16 April 2024, you, Jake Bell were Operating a Regulated Facility, namely a waste operation including the deposit and storage of controlled waste, on land at The Old Coal Yard, Woonbridge, Roche, St Austell, Cornwall, in respect of which no environmental permit was in force. Contrary to regulations 38(1)(a) and 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
