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Man jailed after failing to pay £208k fine for illegal scrap yard

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A MAN has been jailed after failing to pay a fine of £208,000 for running an illegal scrap metal business in Carew.

On May 24, 2017, the court made a confiscation order under the Proceeds of Crime Act ordering George Jones to pay a sum of £208,000.

To date, no payments have been made under this order, so yesterday (Feb 15) George Jones was taken back into court for a PoCA enforcement hearing.

On the basis of this, the magistrates issued a warrant of commitment and Jones was taken into custody to serve the default sentence of 30 months.

Between June 2011 and May 2012 an investigation was carried out into the running of an illegal scrap metal business and the illegal storage of scrap metal and other waste materials on three different plots of land at Carew Airfield, Pembrokeshire.

The three sites in question are known as the Northern Yard, The Workshop Area and the Scrapyard Area.

Danger to water-source: Waste could have polluted drinking water

The defendants involved in the case were:

George Jones – the legal tenant for all three plots of land since the late 1990s, although he held no environmental permit or exemptions for the period of the investigation.

Enviroventure Ltd – occupier of the Scrapyard area since its incorporation in 2002 and holders of an ELV (End of Life Vehicles) Environmental Permit for part of the scrap yard area. They also had numerous exemptions registered at the Workshop Area and the Scrapyard area. They were occupiers of the land until liquidated in December 2011.

Nenning Jones – the sole Director for Enviroventure Ltd (and son of George Jones) Said to have been in charge of operations at the Scrapyard and Northern Yard between June 1, 2011 and December, 22 2011 when the company was liquidated.

Jennifer May Frearson – sole director of GJF Recycling Ltd (partner of George Jones). The company was incorporated on August 25, 2011 and received money for scrap metal since September 2011 for the sale of scrap metal arising from the Scrapyard area in Carew. There were no environmental permits in her name or that of GJF Recycling Ltd, exemptions were registered in the name of GJF Recycling Ltd for the Scrapyard area and Workshop area in February 2012, however these exemptions were not complied with.

All admitted or were found guilty after a trial of operating a scrap metal facility without a permit, duty of care offences and failing to keep adequate records.

Environment Agency Officers carried out site visits between May and October 2011 and found numerous breaches of the ELV permit held for the Scrapyard area.

This involved the depollution of vehicles on site which did not have the required infrastructure to do so; inappropriate storage of batteries; drainage issues; areas of the site where bunding and concrete was not being maintained. 

Waste materials such as tyres, waste vehicles and oil drums were also observed being stored outside of the permitted area. Numerous oil spillages were also observed on site.

Waste tyres, scrap metal and general skip waste were also stored at the Workshop and Northern Yard areas without an environmental permit and outside the terms and conditions of any registered exemptions.

Approximately £660,000 was paid in cash to Enviroventure Ltd for sale of scrap metal originating from the Scrapyard for the period when they did not hold an environmental permit or exemption to operate a general scrapyard from the site and for the sale of scrap vehicles when they were not compliant with their ELV permit.

A total of 20 charges were brought against Enviroventure Ltd and Nenning Jones combined for offences relating to operating outside the terms of an environmental permit and also operating and knowingly causing / permitting the operation of a regulated facility without the benefit of an environmental permit between 1 June, 2011 and December 31, 2011.

Following the original court case, Martyn Evans, NRW’s Head of Operations South West Wales, said: “We hope the outcome of this case will send out a positive message to the waste industry, that Natural Resources Wales supports legitimate business and will not tolerate those who seek to profit by breaking the law, risking harm to local communities or damaging the environment.

“The motivation behind the crime was financial. The site did not have the necessary permissions and consequently the infrastructure to protect the environment and it undercut legitimate permitted sites.

“Disposing of waste illegally can harm the environment and undermines businesses that invest in the required measures.

“It is essential that we take action in such cases to protect people and the environment, as well as safeguarding the market place for those operators who do comply with the law.”

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Welsh Lib Dems urge First Minister to return dodgy donation

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THIS week in the Senedd, the Welsh Liberal Democrats have urged the First Minister to return the £200,000 donation he received from a company linked to environmental crimes.

Speaking to the Senedd on Wednesday, party leader Jane Dodds MS urged FM Vaughan Gething to return money donated to his campaign by Dauson Environmental, a refuse and recycling business owned by David John Neal.

Mr Neal received a 3-month suspended prison sentence in 2013 for illegally dumping waste at a conservation site on the Gwent levels.

His companies Atlantic Recycling and Neal Soil Suppliers were also prosecuted and given fines and costs of £202,000.

Then in 2017, Mr Neal was given another suspended sentence of 18 weeks, with fines and costs of £230,000 after failing to remove the waste.

The Welsh Lib Dems have called on the FM to return the donation, as part of wider calls for a shift away from the influence of “big money” in Welsh politics.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said:

“This entire episode has casted a dark shadow upon Welsh democracy and has rightfully led to many questioning the integrity of Vaughan Gething’s leadership campaign and the way our democracy works here in Wales.

Unfortunately for many of us this is hardly surprising, as our political system has been broken for quite some time now.

A system that empowers the elite donor class whilst simultaneously shutting out the voice of the voter is a perversion of democracy itself.

This is why our wider goal must be to remove the influence of ‘big money’ from Welsh politics once and for all.

We cannot have another government that prioritises the interests of its financial benefactors over those of the Welsh people.

We need to take a firm stance in rooting out the influence of cash in Welsh politics, for the sake of our communities we must start prioritising their interests and needs instead of having more self-serving politicians.”

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Council seeking legal advice to address Withyhedge enforcement

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PEMBROKESHIRE County Council says it has sought legal advice and is contemplating legal proceedings against Withyhedge Landfill operators RML, in regards to the ongoing odour issues at the site.

The Council intends to ask the Court for an injunction requiring RML to abate the public nuisance odour arising from the landfill. Failure to comply with the injunction would be contempt of court, which carries a penalty of up to two years’ imprisonment and unlimited fine.

Following significant work undertaken by RML the Authority is disappointed that the problem has not been resolved and residents continue to be impacted by the odour.

Working in collaboration with Natural Resources Wales (NRW) and Public Health Wales (PHW), we fully appreciate that the communities affected cannot tolerate this any longer.

NRW announced that the first set of deadlines for the completion of actions to tackle the ongoing odour issues at Withyhedge Landfill have been met, one week on following the issuing of further enforcement action on 18th April.

This will be closely monitored by NRW to ensure the operator complies with all the actions set out in Notice by 14 May.

It was deemed appropriate to wait until the operator had carried out mitigation to comply with the enforcement requirements by NRW prior to considering this additional action.

To that end, on 26th April 2024, the Council served RML with a letter of claim and invited them to give legally binding undertakings to abate the odour nuisance or face legal proceedings. The Council also asked for disclosure of documents relevant to the proceedings, including records of waste brought in or removed from the landfill.

The Council has given RML until 14th May 2024 to respond to its letter of claim. This aligns with the current deadline set by NRW under its enforcement notice.

Pembrokeshire County Council Chief Executive Will Bramble welcomed the move. He said: “We are extremely disappointed that RML has not delivered the necessary action to stop the completely unacceptable smells from the site.

“We fully support the additional enforcement action being taken by NRW and continue to work closely with them to do all in our power to correct the situation.

“Our intention to ask the Court for an injunction requiring RML to stop the odour nuisance arising from the landfill, is another part of our collaborative approach. The smell from Withyhedge is having a major impact on residents and visitors. This situation has gone on too long and it is unacceptable.”

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Beautiful, funny and lovely: Family pay tribute to Sian Batchelor

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THE family of a woman has paid tribute to a “beautiful, funny, lovely person.”

Sian Batchelor, aged 32, was found on a beach near Pennar, Pembroke Dock on Tuesday evening, April 30th, 2024.

Her family has issued a statement to say: ‘We are devastated by our loss. Sian was a beautiful, funny, loving person. We will treasure the good times we had with her.

“We would now like time to grieve and would ask to be given privacy in which to do so.”

The circumstances surrounding Sian’s death are being investigated and police would like to hear from anyone with information, sightings of Sian or contact from Sian, between Thursday April 25 to Tuesday April 30.

Police can be contacted either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908.

Quote reference: DP-20240430-284

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