Illegal waste site fire leads to trio of prosecutions at Derby Magistrates’ Court

Kidd (aged 35, of Delamere Drive in Macclesfield) was fined £830, a victim surcharge of £83 and also ordered to pay costs of £8,000. Melland (aged 54, of Great Low Farm in Buxton) was fined £432, a victim surcharge of £43 and ordered to pay costs of £2,000. Finally, Swindells (aged 30, of Wilbraham Road in Congleton) was fined £529, a victim surcharge of £53 and ordered to pay costs of £2,000.

Derby Magistrates’ Court was told that, on 9 November 2020, the Derbyshire Fire and Rescue Service attended the farm where shredded waste and tyres were on fire. While the blaze was being fought, a JCB Fastrac and trailer (driven by Swindells) arrived at the farm containing a further eight tonnes of shredded waste.

Investigation process

Derbyshire Police’s rural crime team and officials from The Environment Agency were called to the site and began a joint investigation. Police powers enabled the team to arrest Melland, who was the landowner, driver Swindells and tractor owner Kidd.

Their mobile phones were also seized, enabling the investigation team to gain evidence of the trio’s involvement in previous deposits. The downloads included Melland’s number saved in contacts as ‘Buxton tip’ and videos of the Fastrac and trailer in a field at the farm. The trio originally denied the charges, but then changed their pleas on the day of the scheduled trial.

Brian Jones, lead investigator for The Environment Agency, explained: “The Environment Agency takes its responsibility to protect people and the environment seriously. This site posed a significant environmental threat due to the high risk of fire and the potentially significant impact to local communities and amenities.”

Andy Shaw from Derbyshire Police’s Rural Crime team added: “Swindells, Kidd and Melland could have been in no doubt about their illegal activities and the potentially serious environmental and health-related issues that they could have caused. Thankfully, members of the public phoned the Fire and Rescue Service reporting their concerns about the large blaze the trio had set. We were able to attend the scene and swiftly arrest them.”

Shaw concluded: “It’s important to remember that this kind of crime is not victimless. The fines highlight the seriousness with which the courts take these matters. It also shows the excellent partnership working between Derbyhire Police and The Environment Agency.”

Charges in full

Joseph Kidd

Between 6 and 9 November 2020, Joseph Kidd did knowingly cause controlled waste, namely shredded mixed waste, to be deposited on land at Great Low Farm, Sterndale, Buxton SK17 9QE when there was not in force an environmental permit authorising such a deposit contrary to Section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended.

Pleaded guilty. Fine: £830, victim surcharge: £83, costs: £8,000.

Anthony Melland

Between 6 and 9 November 2020, Anthony Melland did knowingly permit the deposit of controlled waste, namely shredded mixed waste, on land at Great Low Farm, Sterndale, Buxton SK17 9QE when there was not in force an environmental permit authorising such a deposit contrary to Section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended.

Pleaded guilty. Fine: £432, victim surcharge: £43, costs: £2,000.

Adam Swindells

On or about 9 November 2020, Adam Swindells (being a person who carries and disposes of controlled waste) failed to comply with the Duty of Care imposed by Section 34(1) and (5) of the Environmental Protection Act 1990 in that on the transfer of waste, he failed to ensure that there was transferred such written description of the waste as would have enabled other persons to avoid a contravention of Section 33 of said Act and to comply with the duty under Section 34(1) of said Act in respect of the escape of waste, contrary to Section 34(1) and 34(6) of the Environmental Protection Act 1990.

Pleaded guilty. Fine: £529, victim surcharge: £53, costs: £2,000.