ARTICLE
21 October 2019

Shipment Of Waste Regulations Breach Leads To £590,000 In Fines And Costs

RS
Reed Smith (Worldwide)

Contributor

Reed Smith (Worldwide) logo
Reed Smith is a dynamic international law firm helping clients move their businesses forward. By delivering smart, creative legal services, we enrich clients' experiences with us and support achievement of their business goals. Our longstanding relationships and collaborative structure enable the speedy resolution of complex disputes, transactions, and regulatory matters.
Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers...
UK Environment
To print this article, all you need is to be registered or login on Mondaq.com.

Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers of paper for recycling were found to be contaminated with household waste. The fine was £350,000 plus an additional £240,000 in costs.

In 2015, Biffa had arranged for shipments of waste paper to be transported to delivery sites in Shenzhen and Guangdong. When the containers were inspected by the Environment Agency (EA) at the port of Felixstowe, UK, they were found to be heavily contaminated with a variety of household waste, including shoes, plastic bags, videotape, electric cable, latex gloves and laminate flooring.

The export of unsorted household recycling waste from the UK to China is prohibited.

Biffa pleaded not guilty and strongly contested the case, stating that the materials had been inspected by a Chinese Inspectorate regime prior to being finalised for shipment to establish a purity level of 98.5 per cent. The paper mills to which the waste was destined had been accredited by the EA as being of an equal or higher environmental standard as European paper mills.

It has long been a point of contention for the domestic waste industry that the EA has not issued guidance on the acceptable levels of purity for exports of waste paper from the UK. The UK and Europe do not have sufficient reprocessing capacity for recycled paper and cardboard, and so large quantities are exported for recycling.

The EA continues to take the issue of illegal waste shipments seriously, as is demonstrated by the level of fine imposed on Biffa. A single national team focuses on waste shipments and procedure responsibility with increasing resources being given to the issue. The EA and Biffa agreed that Biffa would also pay £9,912 as proceeds of crime.

The EA press release is available here https://www.gov.uk/government/news/waste-giant-guilty-of-exporting-banned-waste

Biffa has made an application for leave to appeal.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More