Essex Man Jailed for 16 Months for ‘dumping’ Mixed Waste

Posted on January 31, 2023

A 29-year-old man from Chigwell, Essex, whose lorry was used to “dump” mixed waste at an industrial estate in Kent has received a 16-month jail term, the Environment Agency says.

James Atkins was sentenced at Chelmsford Crown Court on 25 January, the regulator says.

He had previously been found guilty in his absence on 7 October 2022 of controlling a lorry used to dump mixed waste consisting of rubble, soil and plastic under the cover of darkness at the Swan Industrial Estate in Dartford, the Agency says.

Mr Atkins received a 14-month sentence for waste deposit offences and was handed another month for the failure to surrender himself to the court at an earlier hearing, the Agency says.

He was given a further month for committing the waste offence while subject to a suspended sentence for driving while disqualified, the Agency says. He was also ordered to pay £6,000 costs.

Sentencing, Her Honour Judge Loram KC reportedly told the court that Mr Atkins was responsible for the “planned and cynical dumping of waste”, the Agency says, which she described as “sophisticated”.

Operation Bayleaf

In February 2017, the court heard, Environment Agency officers analysed CCTV footage showing waste being dumped at night at the Swan Industrial Estate as part of an investigation known as ‘Operation Bayleaf’.

The officers were able to identify the registration details of an articulated lorry depositing the waste and, a week later, Essex Police seized the same vehicle in Purfleet, Essex. Mr Atkins told the police he was the registered owner of the lorry, the Agency says.

Agency officers subsequently interviewed Mr Atkins under caution, the regulator says, during which he answered “no comment” to their questions.

Prosecuting for the Agency, barrister Nicholas Ostrowski told the court that Mr Atkins’ activities had allowed him to avoid the fees and taxes associated with the lawful disposal of waste.

Mr Ostrowski told the court Mr Atkins had “undermined lawful competitors” and “caused significant interference with the legitimate activities of industrial estate users and business owners”.

‘Commercial advantage’

Following sentencing, the Environment Agency’s East Anglia enforcement team leader, Lesley Robertson, said: “We take illegal waste activity very seriously and will not hesitate to disrupt criminal activity and prosecute those responsible.

"[Mr Atkins’] immediate custodial sentence demonstrates how serious the court considers this to be" – Lesley Robertson, East Anglia enforcement team leader

“In this case, Mr Atkins allowed his vehicle to be used to dump waste at a Kent industrial unit. He operated at a commercial advantage, undermining legitimate business with little or no regard for the environment or unit owners. The unit owners then had to pay for the waste blighting their businesses to be removed.

“His immediate custodial sentence demonstrates how serious the court considers this to be.”

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