Inspections of suspected illegal waste shipments rose by more than 400 per cent in the last year, according to the Environment Agency (EA).

Under the European Commission’s Shipments of Waste law, it is illegal to send waste overseas for disposal or to developing countries for recovery, due to environmental reasons. However, as waste disposal (such as landfilling) becomes increasingly expensive in the UK (as part of government’s push for waste to be treated higher up the waste hierarchy) some waste management organisations try to illegally export their waste overseas, where disposal may be cheaper, and/or not bound by high environmental standards.

Speaking to Resource, the EA said that between 1 August 2013 and 31 July 2014, its officers visited 729 waste sites suspected of illegally exporting waste overseas.

Indeed, the EA revealed that 876 shipping containers were inspected at UK ports last year as a result of these investigations. Of these containers, 242 were either returned to regulated waste sites for reprocessing or detained and evidenced as part of criminal investigations.

This is a marked increase (over 400 per cent) on figures from 2012/13, when EA officers inspected 167 shipping containers between April 2012 and March 2013, and comes despite increasing budget cuts from central government.

Shipment of waste penalties

An example of an illegal waste shipment. This container detained by the Environment Agency comprised two rows of working monitors, but hidden behind these were broken electronics.

As part of the EA’s responsibility to enforce waste shipment law (as transposed through the UK’s amended Transfrontier Shipment of Waste (TFS) Regulations), it recently launched a campaign to warn industry that it will be enforcing fixed penalty notices (FPNs) for any shipments that are found to be illegal (i.e. do not have the correct paperwork).

The letter, sent to waste industry members in July, states that those exporting waste must:

• have an Annex VII form accompanying the ‘green list’ (permitted) waste;
• ensure that the Annex VII form is completed prior to the shipment taking place;
• provide an auditable trail for the shipment from its starting point (in the country of dispatch) to its recovery operation (in the country of destination);
• have a signed declaration on the form certifying that the information given is complete and correct;
• have an effective written contract with the importer/consignee;
• ensure the Annex VII form is signed by the consignee and the recovery facility (once received); and
• ensure signatories keep copies for ‘at least three years’ from the shipment date.

Anyone found making paperwork offences will be liable to FPNs of £300, while persistent offenders, or those engaging in fraud or misdescription, could be subject to criminal charges.

At a magistrates’ court, the maximum penalty for TFS offences is a fine of up to £5000, three months in prison or both. At the Crown Court, the penalty may be a fine, two years in prison or both.

Waste crime creates 'significant consequences to the environment and human health'

Chris Smith, National Intelligence Manager at the EA, said: “The illegal export of waste provides an opportunity for criminals to circumnavigate legitimate UK waste disposal facilities whilst creating significant consequences to the environment and human health.

“The Environment Agency are committed to preventing waste from being exported illegally and pro-actively undertake unannounced site visits at waste exports and inspect shipping containers prior to export.”

He added that anyone wishing to report the illegal export of waste can call Crimstoppers (on 0800 555 111) or email the EA’s team.