Since the regulations became a statuatory requirement, the Environment Agency has successfully prosecuted a number of companies who have not fulfilled their obligations. Here are some examples - (make sure you don't appear on this page!)
10 May 2004 xxxxxxxxxx fined £75,000
Popular Italian-style restaurant chain xxxxxxxxx was hit with a £75,000 fine today (10 May) after appearing for sentencing at Isleworth Crown Court for failing to recover and recycle an estimated total of 1,676 tonnes of packaging waste for the year 2002.
The case was brought when the Environment Agency discovered the company, based at Union Business Park, Florence Way, Uxbridge had failed to comply with packaging waste obligations which require companies to show evidence of contributing towards the costs involved with the disposal and recycling of packaging it produces.
Under the packaging waste regulations introduced in 1997, companies with an annual turnover in excess of £2million and producing more than 50 tonnes of packaging waste per year must be registered with the Environment Agency or a compliance scheme. Companies must also provide evidence of payment for the recovery and recycling of a specified proportion of packaging waste each year.
Investigating Agency officer Tina Lamont said: “xxxxxxxxxxxx could have avoided this legal action had it complied with its environmental obligations by ensuring it met with the packaging waste regulations. These regulations have been in place for several years and are designed to limit the environmental impact of packaging waste.
21 March 2002 xxxxxxxxxx Fined £96,000
On 20 March 2002 three automotive components companies were fined a total of £96,000 after they pleaded guilty at Coventry Magistrates to charges brought under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997. They were also ordered to pay costs of £2,050.80p. The charges were brought by the Environment Agency.
xxxxxxxxxxxxxxxxxxxx of Coventry, was charged with failing to register under the regulations for 1999; failing to take reasonable steps to recover and recycle waste in 1999; failing to supply the Environment Agency with a certificate showing compliance with the regulations for 1999; and for registering late with the a compliance scheme for the year 2000.
Ten charges were brought against xxxxxxxxxxxxxxxxxx, of London. Three were brought for failure to register under the regulations for 1998, 1999 and 2000; three charges of failure to take reasonable steps to recover and recycle for those years; and three charges of failure to supply the Environment Agency with a certificate of compliance for the regulations during those three years. The company was also charged with registering late for the year 2001.
For the Agency , Mrs Kalbir Gill told the court that the regulations had been introduced to cut the amount of waste going to landfill sites and encourage the recovery and recycling of packaging materials. Companies which handle over 50 tonnes of packaging and have a turnover of more than £2m are required to register with the Agency or a compliance scheme. At the end of a year they need to supply evidence that a proportion of the packing they produced has been reclaimed and certificate indicating compliance. Registration is required by April 7 of each year.
