Man jailed for polluting Erewash Canal

A DIRECTOR of a recycling company was given an eight months jail sentence, yesterday (Tuesday) and his company fined £8,000 and ordered to pay £7,500 in costs for polluting the Erewash Canal.

Luke Barker, Director of Arcwood Recycling Ltd was found guilty at Derby Crown Court to charges relating to the pollution of the Erewash Canal in October 2013, charges brought by the Environment Agency, to which he pleaded guilty, Keith Gudgin tells us.

He was given an immediate eight months custodial sentence and disqualified from being a director for eight years.

Non-existent management systems

Environment Agency Officers recorded concerns of poor or non-existent management systems for the site at Stanton-by-Dale at Ilkeston throughout 2012, with its officers highlighting that there was too much wood for the site to operate properly as the different piles could not be properly separated.

In June, long-standing stockpiles of wood remained on site. By July, a Compliance Assessment Report was sent to Arcwood Recycling, detailing a breach of permit condition preventing waste being stored for more than three months.

Ten days fire

On the 15th September 2012, Derbyshire Fire and Rescue Service attended a fire at the Arcwood Recycling site. The fire fighting continued until 24 September 2012, when Mr Barker assisted in fighting the fire by using machinery to make fire breaks.

Due to the size of the fire, fire fighting water run-off entered the Erewash Canal and killed thousands of fish, affecting four miles of canal during the incident. The Environment Agency spent a week elevating oxygen levels in the canal to an acceptable level, with a cost of £200,000 to reduce the impact on the environment. Thousands of pounds worth of resources were used to achieve this.

Burn itself out

Mr Barker continued to monitor the fire and made fire breaks in an attempt to allow the fire to burn itself out in accordance with an Action Plan drawn up by Derbyshire Fire and Rescue Service. On 8 October 2012 mobile phone footage showed that wooden pallets were being burnt on site, resulting in the Environment Agency serving a suspension notice.

On 30 January 2013 Luke Barker was formally interviewed in his capacity as company director, but a request to interview him in a personal capacity on 4 June 2013 went unanswered.

Not taking advice

Speaking after the case, an Environment Agency officer in charge of the investigation explained:

"We had spoken with the operators on a number of occasions, seeking action to address our concerns about poor management of the site. By not taking our advice, there has been a significant impact on local wildlife, as well as the high costs of responding to the incident. This prosecution demonstrates that we will not hesitate to prosecute those who put human health and the environment at risk."

Ignored warnings

The Judge, in imposing his sentence, noted that the Defendant had received and ignored repeated warnings from both the Environment Agency and the Derbyshire Fire and Rescue Service about the risks posed by the excessive amount of wood being stored at the site. He noted the substantial fish kill and the huge clear up costs incurred as a result of the fire.

He also noted the harm suffered by neighbouring businesses and the environment. He remarked that Mr Barker's culpability was high and that there had been a flagrant disregard for warnings given.

In mitigation, the judge took into account early guilty pleas and the fact that there was no loss of life.