Loughbrickland man given suspended jail sentence for waste offences
Date published:
Stephen Donald (aged 54), of Carrick Road Loughbrickland, was given 18 months imprisonment, suspended for 3 years for ten separate waste offences to run concurrently at Newry Crown Court.
The offences related to the unauthorised deposit, keeping, and treating of controlled waste at two sites owned and controlled by Mr. Donald located at Meenan Road, Loughbrickland and Station Road, Jonesborough. Both sites have been subject to unauthorised waste disposal through surface deposition and infilling with controlled waste.
The site at Meenan Road, Loughbrickland was inspected on various occasions between 2017 and 2019 by officers of the Northern Ireland Environment Agency (NIEA). On 27 March 2019, NIEA officers carried out a full intrusive survey. The survey uncovered large quantities of controlled waste consisting of waste compost contaminated with plastics, mushroom compost, chicken manure, construction and demolition and general household waste. Samples of the waste taken during inspections showed that the waste was polluting in nature.
The site at Station Road, Jonesborough was inspected on various occasions between 2018 and 2020 by officers of the Northern Ireland Environment Agency (NIEA). During these inspections NIEA officers identified the presence of controlled waste consisting of mushroom compost, compost waste mixed with plastics and chicken litter waste.
There were no waste management authorisations in place to allow controlled waste to be deposited, kept, treated or disposed of on the site.
The NIEA issued Mr Donald with a formal notice to remove the controlled waste, from both sites however he failed to comply, and the waste remains on site.
The NIEA were awarded a total of £2,853.76 in court costs.
Notes to editors:
1. Stephen Donald was given 18 months imprisonment, suspended for 3 years for each of the following ten waste offences, to run concurrently under the following Articles of the Waste and Contaminated Land (Northern Ireland) Order 1997:
- Four Article 4(1)(a) offences relating to: Unlawful deposit of controlled waste, or knowingly caused or knowingly permitted controlled waste to be deposited in or on any land without there being in force a waste management licence authorizing said deposit.
- Two Article 4(1)(b) offences relating to: the keeping of controlled waste, or knowingly causing or knowingly permitting controlled waste to be kept in or on any land except under and in accordance with a waste management license.
- Two Article 4(1)(b) offences relating to: the treating of controlled waste, or knowingly causing or knowingly permitting controlled waste to be treated in or on any land except under and in accordance with a waste management license.
- Two Article 4(1)(c) offences relating to: the keeping controlled waste in a manner likely to cause pollution to the Environment or harm to human health.
2. Four further offences relating to article 4(1)(b) were left on the books.
3. Three further offences relating to article 4(1)(c) were left on the books.
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