Defra environmental targets consultation: Environment Agency response

Our approach to enforcement undertakings (EUs)

An EU is a voluntary offer made by an offender to:

  • put right the effects of their offending
  • put right the impact on third parties
  • make sure the offence cannot happen again

If we accept the offer it becomes a legally binding agreement between us and the business or person who makes the offer. We will only consider accepting an EU for cases where:

  • it is not in the public interest to prosecute
  • the offer itself addresses the cause and effect of the offending
  • the offer protects, restores or enhances the natural capital of England

See how we decide whether to accept an EU for less serious offending.

This list shows details of EUs accepted by the Environment Agency between 1 January 2022 and 31 May 2022. It may include EUs we have not published before.

Environmental Permitting (England and Wales) Regulations 2010/2016

Fernbrook Bio Limited (reference 595)

The offence was failure to comply with permit conditions at a regulated facility for a waste operation – Regulation 38(2). It relates to the unauthorised storage of waste at Rothwell Lodge Anaerobic Digestion Facility, Kettering, Northamptonshire between July 2018 and August 2018.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • carry out an on-site review
  • appoint a responsible person
  • provide a briefing for site staff and regular contact with site manager
  • appoint a new technically competent manager for the site
  • provide staff training
  • install new equipment for routine maintenance
  • review and update its environmental management system
  • clear waste from the site
  • engage with local residents
  • cover the Environment Agency’s costs

They will contribute £18,500 to Rockingham Forest Trust.

Yorkshire Water Services Limited (reference 634)

The offence was failure to comply with permit conditions at a regulated facility for a water discharge activity – Regulation 38(2). It relates to a permit breach at Bellhouse Way Sewage Pumping Station resulting in a sewage pollution incident of Holgate Beck, York in April 2018.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • carry out remedial and restoration work
  • carry out a survey
  • review its processes for foul-only sewage pumping stations
  • cover the Environment Agency’s costs

They will contribute £150,000 to Yorkshire Wildlife Trust.

Whites Recycling Limited (reference 648)

The offence was failure to comply with permit conditions at a regulated facility for mobile plant – Regulation 38(2). It relates to applications for the landspreading of waste on agricultural land across County Durham and Teesside between March 2016 and July 2017.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • revise its environment management system
  • carry out staff training
  • carry out verification checks of soil sampling procedures and protocols
  • submit new soil samples
  • cover the Environment Agency’s costs

They will contribute £100,000 to Tees Rivers Charitable Trust.

Phillips 66 Limited (reference 667)

The offence was failure to comply with permit conditions at a regulated facility for a radioactive substances activity – Regulation 38(2). It relates to permit breaches involving the storage and reporting of radioactive sources at Humber Oil Refinery, Lincolnshire on various dates between April 2015 and May 2021.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • apply for and obtain a permit variation
  • carry out staff training
  • establish a management team to oversee and manage radiation safety
  • re-align its procedures and update local rules, protocols and instructions
  • develop and implement a regular inspection and auditing programme
  • implement a new recording system
  • cover the Environment Agency’s costs

They will contribute £100,000 to Lincolnshire Wildlife Trust.

Yorkshire Water Services Limited (reference 818)

The offence was operating without or other than in accordance with an environmental permit at a regulated facility for a water discharge activity – Regulation 38(1). It relates to 2 separate unauthorised sewage discharges from Hoyle Mill Lane Sewage Pumping Station and pollution incidents of Hoyle Mill Stream, Wakefield, West Yorkshire in July 2020 and August 2020.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • repair and then replace the rising main
  • remove sewage material
  • modify the panel, pump control and re-cable the pump
  • cover the Environment Agency’s costs

They will contribute £250,000 to Yorkshire Wildlife Trust.

Thorburn Bros Limited (reference 866)

The offence was operating without or other than in accordance with an environmental permit at a regulated facility for a waste operation – Regulation 38(1). It relates to the unauthorised transfer of waste on land at Brinkburn New Houses Farm, Longframlington, Northumberland between May 2018 and June 2018.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • use a new waste exemption declaration form
  • use a new duty of care checklist
  • train members of staff
  • cover the Environment Agency’s costs

They will contribute £9,872 to Northumberland Wildlife Trust.

A T Contracting & Plant Hire Limited (reference 874)

The offence was operating without or other than in accordance with an environmental permit at a regulated facility for a water discharge activity – Regulation 38(1). It relates to an unauthorised water discharge from Finmere Quarry Landfill Site, Oxfordshire resulting in a pollution incident of a tributary of Padbury Brook in May 2018.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • carry out incident response measures to stop the discharge
  • carry out restoration measures to remove the pollutant and improve water management
  • cover the Environment Agency’s costs

They will contribute £15,000 to Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (as amended)

NCR Financial Solutions Group Limited (reference 500)

The offences were failure to:

  • register – Regulation 40(1)
  • take reasonable steps to recover and recycle packaging waste – Regulation 40(1)(b)

They relate to failure to comply from 2010 to 2017.

This was a proactive offer. The actions the offeror has taken or will take are to:

  • register with Comply Direct compliance scheme
  • implement a new data collection and reporting process
  • appoint a responsible person
  • implement new standard data template
  • provide quarterly updates to the Board
  • cover the Environment Agency’s costs

They will contribute £18,853.11 to The Woodland Trust.

NCR Limited (reference 796)

The offences were failure to:

  • register – Regulation 40(1)
  • take reasonable steps to recover and recycle packaging waste – Regulation 40(1)(b)

They relate to failure to comply from 1997 to 2015.

This was a proactive offer. The actions the offeror has taken or will take are to:

  • register with Comply Direct compliance scheme
  • implement a new data collection and reporting process
  • appoint a responsible person
  • implement new standard data template
  • provide quarterly updates to the Board
  • cover the Environment Agency’s costs

They will contribute £35,353.88 to The Woodland Trust.

Aspinal of London Limited (reference 816)

The offences were failure to:

  • register – Regulation 40(1)
  • take reasonable steps to recover and recycle packaging waste – Regulation 40(1)(b)

They relate to failure to comply from 2016 to 2018.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • register with Comply Direct compliance scheme
  • revise its internal work procedures
  • implement a new sign-off procedure for packaging waste date returns
  • implement a new packaging waste methodology
  • appoint a responsible person
  • share compliance scheme updates with the management team
  • attend relevant training and webinars
  • receive updates on packaging waste and environmental legislation
  • cover the Environment Agency’s costs

They will contribute £3,696.88 to London Wildlife Trust.

Transfrontier Shipment of Waste Regulations 2007

P & D Material Recovery Limited (reference 782)

The offence was exporting waste for recovery to organisation for economic co-operation and development countries, without the provisions of Article 38(1) having been complied with – Regulation 24(2). It relates to the export of waste from Chatham Dockyard, Gillingham, Kent in March 2019.

This was a reactive offer. The actions the offeror has taken or will take are to:

  • extend the plant to deliver commodity enhancement and clean-up
  • install an additional picking line and compressor
  • obtain a new permit
  • return containers to the site and dispose of the waste
  • cover the Environment Agency’s costs

They will contribute £13,000 to Sandwich Bay Observatory Trust.

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