Two executives of A1 Bins and Waste Ltd have been sentenced for their part in running an illegal waste disposal site in Benfleet, Essex.

During investigations into asbestos fly tipping in Essex, Hertfordshire and Kent, the Environment Agency (EA) found 72 large skips full of asbestos waste at the A1 Bins facility.

David John Tuffen, the firm’s Director, and Manager Nigel Lee Hickman have been ordered to pay £80,397 in fines and compensation by Chelmsford Crown Court.

The judgement, passed down on Friday (26 July), comes after the two men were given suspended prison sentences in February 2013 for their role in the illegal disposal of waste.

Sentencing details

On 26 July, Tuffen and Hickman were each ordered to pay £3,000 for failing their duty of care to prevent fly tipping. This came after the firm’s sub-contracted driver, Moses Benjamin Meade, pleaded guilty to dumping five loads of asbestos waste at the court hearing in February.

The two executives were also ordered to pay £13,841 each in compensation to the landowners who had to clear up the fly tipping sites. Furthermore, Tuffen was ordered to pay £30,557 and Hickman £16,158 from the proceeds of their crime.

The judge warned the pair that they could face additional prison time if they did not pay their fines on time.

Tuffen has been given six months to pay the £30,557 fine at the risk of 15 months in prison, 12 months to pay the £13,841 compensation and 18 months to pay the £3,000 fine at the risk of two months in prison.

Hickman, meanwhile, will face nine months in prison if his £16,158 fine is not paid within six months. He has two years to pay the £13,841 compensation, and could be sentenced to two additional months in prison if he does not pay the £3,000 fine within 18 months.

This comes after the February court hearing, wherein Tuffen was sentenced to two years in prison, suspended for two years, and ordered to carry out 200 hours of unpaid community work. Hickman received an 18-month prison sentence, suspended for two years, and was also ordered to carry out 200 hours of unpaid community work.

For his part in the operation, Meade was sentenced to a year prison for each of the five fly tipping offences, set to run concurrently and suspended for two years. He was also ordered to pay £500 contribution towards costs.

‘Preying on others’ trustworthiness’

The company had advertised itself as a specialist asbestos waste transport and disposal company, creating the ‘impression of knowledge and trustworthiness’, according to the EA.

It had created false invoices and consignment notes indicating that the asbestos had been taken to an Oxfordshire landfill site and signed for, when in fact no such thing had occurred.

After the February hearing, the Environment Agency’s environmental crime team leader Lesley Robertson said: “We take the problems of illegal waste very seriously.

“During this investigation we worked in partnership with other agencies including Stevenage Borough Council, Thurrock Council, Essex Police and other regions within the Environment Agency to gather evidence against those believed to be committing these offences.

“This case was made worse by the hazardous nature of the waste, namely three types of asbestos, which was being illegally stored at the site in Benfleet, further aggravated by the fact that the company the defendants operated claimed to be ‘specialist contractors for the disposal of asbestos waste’, preying on others’ trustworthiness.

“This case should also be a warning to legitimate businesses, to ensure that they fulfil their duty of care when employing a business or person to dispose of their waste, including auditing any paperwork that they should receive for the disposal of the waste - don’t be afraid to ask the necessary questions.”

Judge Charles Gratwicke, also speaking at the February hearing, said: “Each of you has not paid the slightest regard for the regulations. You all flouted the law for financial gain putting public health at risk.”