Environmental Update (September 2009)
Packaging Waste Offence
A Yorkshire chain of shoe shops has been fined £20,000 for
packaging waste offences. The company pleaded guilty at York
Magistrates' Court to 12 offences relating to a period from
1st January 2003 to 31st January 2007, and
asked for a further three offences to be taken into
consideration.
The company should have been registered with the Environment
Agency (EA) and was obliged to recover and recycle a portion of its
packaging waste, as well as filing a certificate at the end of each
year to confirm it had met these obligations. However, the company
did not register with the EA until 2008.
The court heard that a routine check by the Environment Agency
in August 2008 established that the company should have been
registered in previous years.
An interview letter was written to the company on
11th September 2008 and the company responded on
29th September with turnover and packaging details
indicating it was obliged to have been registered since 2003. The
company's explanation for failing to comply with the packaging
waste regulations was that it was 'unaware' of their existence.
The court heard that the company tried to be environmentally
friendly and keep down its carbon emissions, taking steps such as
transporting stock by rail to keep lorries off the roads. However,
by failing to register, the company had avoided fees and other
costs of at least £17,000.
In addition to the fine of £20,000, York Magistrates ordered the
company to pay compensation to the Environment Agency of
£4,204 to cover the unpaid registration fees, as well as full
prosecution costs of £1,615.70 and a victim surcharge.
The offences Pavers admitted were committed contrary to Producer
Responsibility Obligations (Packaging Waste) Regulations 1997 and
2005, and the Environment Act 1995.