John Millen, 50, trading as K.M. Millen Grab Hire, received the custodial sentence this week (Wednesday 12 April) at Maidstone Crown Court after pleading guilty to using the Gas Road site for illegal waste transfer activities.
The Environment Agency brought charges against Mr Millen following an investigation in December 2014 which established over 40,000 tonnes of waste had been illegally deposited on the site.
“Mr Millen was fully aware that he was not allowed to store that amount of waste on the site, but continued to accept more construction and demolition waste whilst ignoring the advice and guidance issued to him by Environment Agency Officers”
Mr Millen was subsequently provided with clear guidance on the action he was required to take and an Enforcement Notice to clear the waste from the site by the end of March 2015 was issued. However, after the three months had expired it was clear that none of the waste had been removed and he continued to crush, treat and deposit waste.
The activities being undertaken by Mr Millen were in clear breach of environmental legislation and would have required an Environmental Permit. Mr Millen did not apply for an appropriate Environmental Permit and continued to operate, avoiding significant costs to his business.
Alan Cansdale, Environment Manager at the Environment Agency said: “Mr Millen was fully aware that he was not allowed to store that amount of waste on the site, but continued to accept more construction and demolition waste whilst ignoring the advice and guidance issued to him by Environment Agency Officers. His actions put the environment at risk.
“Waste crime can undermine legitimate businesses, so we work closely with businesses to help them comply with the law. In cases like this, where illegal operations are connected to licensed businesses, we have no hesitation in prosecuting those involved. We want to make sure that waste crime doesn’t pay.”
Whilst passing sentence, Judge St. John-Stevens said that Mr Millen was the “controlling mind of the business” and he ignored all advice offered from the Environment Agency regarding his business operations.