On Mar. 24, a Malvern, England, man was sentenced to a total of 12 months imprisonment for illegally depositing and storing used tires at his workplace and home.
Mark Alexanda Smith, 43, pleaded guilty at Worcester Crown Court on Jan. 13 to three charges relating to the illegal deposit and keeping of controlled waste. The charges were brought by the Environment Agency under the Environmental Protection Act 1990. Smith was sentenced to four months imprisonment for each of the three offenses, with the sentences to run consecutively.
For the Environment Agency, barrister Kevin Slack told the court that Smith carried out unauthorised deposits and kept used tires at two locations. Smith had been advised by Environment Agency officers in 2003 that a Waste Management License was required to continue his business operations legally, however, he failed to obtain such a license and continued depositing and storing tires illegally.
In November 2005, Smith’s company, Mark Smith Tyres Ltd., went into liquidation, and at this time Smith left Blackmore Park Industrial Estate. He left behind approximately 450,000 waste tires that continue to be stored at this location.
Following the liquidation of Mark Smith Tyres, Smith continued to trade as a new business, storing approximately 100,000 waste tires at his home. Again, he did not hold a Waste Management License permitting him to do this. When Environment Agency officers visited in 2007, Smith ignored requests to attend for an interview under caution and failed to comply with notices requiring removal of the tyres from the property.
In mitigation, counsel for Smith stated his client had genuinely believed that tires did not constitute waste as he believed them to have a commercial value. It was contended that Smith had exported used tires for reuse in countries that had less stringent minimum tire tread depth requirements than the U.K. Other tires were baled with the intention of being sold to the construction industry.
"As such this was not a case of wilfull dumping but a situation where a genuine business was being operated,” the counsel stated. “It was submitted that there was no risk posed to the environment either by chemical leaching from the tires or from spontaneous combustion and that the tires were essentially inert. In these circumstances, the harm to the environment was limited to the visual impact caused by the tires.” (Tyres & Accessories)