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Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

Waste removal ordered following director’s conviction

Date:
1 August 2022
Relevant legislation/regulation:
Regulation 12(1)(a) and 38(1)(a) of the Environmental Permitting Regulations 2016 and section 33(1)(c) and (6) of the Environmental Protection Act 1990, as amended
Jurisdiction:
United Kingdom
Status:
Closed
Regulator/enforcement authority:
Environment Agency (EA)
ESG Category:
Environmental
Defendant(s)/subjects(s):
Shane Boutwell

Key Facts:

In August 2022, Shane Boutwell was sentenced to 14 months’ imprisonment at Chelmsford Crown Court and ordered to remove the unlawful waste on his release. He had pleaded guilty to operating a waste management facility in breach of the Environmental Permitting Regulations 2016 and disposing of controlled waste in a manner likely to cause pollution or harm to human health contrary to the Environmental Protection Act 1990 (as amended). Mr Boutwell was said to have failed to engage with the EA when the issues were first identified in 2020.

After completing his term of imprisonment, Mr Boutwell began to remove the waste and restore the land at both Lower Burnham Road and Bradwell Wick. EA officers monitored his progress during regular site visits, deploying an Unmanned Aerial Vehicle (UAV, or drone).

Mr Boutwell was then ordered back to court for consideration of claims for prosecution costs. He appeared at Chelmsford Crown Court in January 2024 and was ordered to pay £85,000 in EA costs together with a victim surcharge of £156.

Sources: 

EA press release

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