06 December 2012
Richard Newis, director at Ashfield, said: “Even if a landowner or developer does not create or handle the waste themselves they will still have a responsibility according to the Waste (England and Wales) Regulations 2011 as they may be considered to be secondary owners of the waste.“Whether you are dealing with someone else’s waste on your land or your waste on someone else’s land, you have a liability to dispose of it legally, otherwise you could be seen to be profiting from the proceeds of crime.”Richard continued: “In these challenging times, there is a marked increase in the number of tenants who are becoming insolvent and leaving waste liability to a landlord or developer. A recent case bought by the Environmental Agency saw a landlord fined around £250,000 for allowing an illegal waste recycling company to operate on his land.“Also on the increase are companies offering services to manage or dispose of waste but not undertaking works within agreed legislation. As a result, there have recently been a number of arrests of high profile companies within the industry.”
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