Four people have been convicted of operating an illegal waste processing facility in Todmorden, West Yorkshire.

A two-week trial at Bradford Crown Court came to a close on Monday (11 March), as Mark Eric Butterworth, 51, Jason Lee Butterworth, 46, Jayne Alyson Hoyland, 47, and Leanne Wormald, 37, were convicted by Judge Thomas QC for their involvement in operating Springwood Trading Ltd without the relevant permits.

The convictions came after two Environmental Agency (EA) investigations in 2010 and 2012 revealed that the Springwood Trading facility on Pudsey Road had been operating a waste transfer station without an environmental permit or planning permission. The site was only permitted to collect skips of waste and deliver them to registered waste sites.

According to the EA, both domestic and industrial waste was being illegally stored and processed at the site and during an investigation in October 2010, EA officers found Springwood Trading to also be illegally storing waste at another site on Eldon street, Todmorden.

The Agency also claims that in later investigations it found skips of waste being stored on public streets so that they would not be seen being taken to and from the Pudsey Road site.

In operating the site unlawfully, the defendants reportedly saved £55,000 on permit application fees, subsistence fees and the installation of protective infrastructure.

Conviction details

The court heard that central to the company’s illegal operations were Mark Butterworth ­ – who owns the Springwood Mill land and had been running the firm as a director – his brother Jason Butterworth and Jayne Hoyland, the company secretary.

Mark Butterworth – who had previously been convicted of operating a waste transfer station without a permit on the same land during 2007, for which he received a suspended prison sentence in May 2010 – admitted two counts of ‘knowingly permitting the operation of a waste facility without an appropriate environmental permit’. He was ‘also found guilty of four counts of ‘operating a regulated facility without a permit, three counts of ‘depositing controlled waste’, and one count of ‘failing to provide waste transfer notes after being served notice to do so’.

Despite running the business, Mark Butterworth had originally denied being actively involved in the running of the company at the time of its illegal activities. However, investigators found ‘key paperwork’ relating to its unlawful operations in his bedroom.

His brother, Jason Butterworth admitted five counts of operating a waste facility without a permit and three counts of depositing controlled waste illegally.

Jayne Hoyland, the company secretary at the time of its illegal activities, was found guilty of operating a regulated facility without a permit. She had initially denied the charge after claiming that she had not been aware of her responsibilities as company secretary. She was acquitted of a separate charge of failing to provide waste transfer notes.

Although not directly involved in Springwood Trading’s activities, Leanne Wormald was also convicted of two counts of permitting a waste operation without an environmental permit. She was sentenced to a 12-month conditional discharge on 7 March.

Wormald had set up a charity that was used in an attempt to exempt the company from its environmental responsibilities. Charitable organisations may, in some cases, collect certain items such as furniture, bicycles and garden tools without an environmental permit. However, Springwood Trading’s activities were not covered by these exemptions.

Speaking after the convictions, Paul Glasby, Environmental Crime Officer at the Environment Agency, said: “Springwood Trading Ltd operated an illegal waste handling and transfer facility in Todmorden without seeking the required environmental permit. In doing so, the company avoided developing the proper infrastructure required to ensure the protection of the environment and the local community.

“Waste crime puts people and the environment at risk. It undermines legitimate business as well as investment and economic growth that benefit the wider community. The Environment Agency is keen to help businesses meet their environmental obligations, but those who repeatedly flout the rules will be prosecuted.”

The court has adjourned the sentencing of the Butterworths and Hoyland until 12 April to allow pre-sentence reports to be considered.