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Integrated pollution control - R v Jones (18 May 1998) Crown Court

United Kingdom
15/07/1998
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Gerald Jones was director of the Yorkshire drum cleaning company, Gath Drums. Gath Drums operated a drum incinerator in Bradford which was regulated under an integrated pollution control authorisation issued under Part I of the Environmental Protection Act 1990. The incinerator had been the subject of a number of public complaints and Gath Drums had been subject to previous enforcement action. The Environment Agency's four year review of the site's IPC authorisation in 1997 identified numerous breaches of the authorisation. The Environment Agency required Gath Drums to upgrade the process by July 1997 but the company appealed against the deadline and then went into liquidation. The Environment Agency brought 12 charges against Gerald Jones under Section 157 of the Environmental Protection Act 1990 which allows the prosecution of directors, officers or managers for offences committed with their consent, connivance or attributable to their neglect. Gerald Jones pleaded guilty to five charges under Section 6(1) of the Environmental Protection Act 1990 of breaching authorisation conditions. In mitigation it was pleaded that Gerald Jones' one third shareholding in Drum Group which was the parent of Gath Drums had no value and that the other two directors of Drum Group had refused to agree to investments in improving the site. The Court accepted the submissions and held that neither a fine nor a custodial sentence would be appropriate and ordered Gerald Jones to do 60 hours community service. (ENDS Report 281, p50)

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