Libra fined for illegal asbestos dumping

The firm faced charges form both the Health & Safety Executive (HSE) and the Environment Agency (EA).

Libra Demolition was the principal contractor on a project to demolish buildings at the former Vesuvius foundry in Sandy Lane, Worksop, Nottinghamshire between 25 March and 22 August 2008. A number of buildings on the site contained notifiable asbestos, the removal of which should be declared to the Health & Safety Executive (HSE) and carried out by a licensed asbestos contractor.

During a joint HSE and EA prosecution, Worksop Magistrates' Court heard the buildings were demolished but no records of the safe removal or disposal of the asbestos were found and HSE received no notifications for its removal.

The discovery came to light when debris from the Vesuvius site was found at an unlicensed waste disposal site on Leverton Road, Retford, by the EA.

Libra Demolition Ltd, of Network House, West 26 Industrial Estate, Cleckheaton, West Yorkshire, pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007. The company was fined £1,500 and ordered to pay total costs of £10,000.

The EA brought further charges under the Environmental Protection Act 1990, and the Environmental Permitting Regulations 2007, which brought Libra Demolition a further fine of £13,500 plus £10,000 costs for the illegal deposit of demolition waste containing asbestos.

Frederick Newbury of Springfield Road, Retford Frederick Newbury pleaded guilty to a charge of knowingly permitting the keeping of this waste on his land at Leverton Road, Worksop. He was fined £1,500 and ordered to pay costs of £500 and a victim surcharge of £15.

For the EA, counsel Nicholas Cole told the court that, in August 2008, a witness reported seeing a lorry and trailer depositing waste at Three Corner Paddock, Leverton Road, land owned by Frederick Newbury.

An Environment Agency environmental crime team began a surveillance operation and discovered that, on a number of occasions, large amounts of demolition waste were being brought by Libra Demolition to the site from the old Vesuvius Foundry. The foundry contained fragments of asbestos, which should be removed by a licensed asbestos contractor.

Photographs and samples of waste taken from a trailer used at the Leverton Road site, also confirmed the presence of fragments of asbestos.

There was no environmental permit  at this location authorising  any such  deposit and Libra had failed to  take appropriate measures or provide adequate written  descriptions to ensure that the waste had been  properly transferred and disposed of.

Frederick Newbury owned the land at  Leverton Road and knowingly  permitted waste to be kept on his land.

Speaking after the case, environmental crime team leader Peter Rutherford said: “This was a complex and difficult investigation which took us across much of the UK but we were finally able to demonstrate that the responsibility for this crime lay at the door of Libra Demolition Ltd and Mr Frederick Newbury.  We hope this case will prove a deterrent to others who flout the law, putting the environment and people’s health at risk. We will not hesitate to prosecute when circumstances warrant it.”

In mitigation, defence counsel for Libra Demolition said that they had relied on another party and were making  a substantial loss.

HSE inspector Kevin Wilson said: "Libra Demolition was the principal contractor for the demolition project and had control of the site. It is completely unacceptable for any firm to disregard its responsibilities in this way.

"The firm neglected to manage and monitor the project so as to ensure the notifiable asbestos was removed safely under licensed conditions by a licensed contractor, and therefore failed in its legal obligations.

"The dangers of asbestos are well known and contractors should be aware that HSE will not hesitate to take enforcement action against any firm that ignores the law in this way."

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