Fine Mess for WEEE Producer in UK

Recycling experts are predicting a dramatic increase in the number of fines for UK firms after a Birmingham company became the first to fall foul of new e-waste laws. Hairdressing supplies wholesaler Aston and Fincher Ltd pleaded guilty to 31 charges relating to failure to comply with packaging waste regulations and failing to register as a producer of electrical and electronic waste By failing to comply with the packaging regulations, the company avoided paying approximately £10,900 ($16,800). By failing to comply with the Electrical and Electronic Equipment ( WEEE) Directive, the company avoided paying £445 ($690) plus unknown costs of financing the recovery and recycling of waste equipment for which they would have been responsible in 2008. This gave them an unfair competitive advantage compared to those businesses that have complied with legislation. The charges were brought by the Environment Agency under the Producer Responsibility legislation. Aston and Fincher Ltd was fined £650 ($1000) for each offence - a total of £20,150 ($31,100). It was also ordered to pay compensation of £7,135 ($11,000) to the Environment Agency for loss of registration fees, costs of £3,605.11 ($5670) and a victim surcharge of £15 ($23). Producer Responsibility for packaging and WEEE exists to ensure that businesses take on responsibility for recovering and recycling a proportion of waste electrical products and packaging waste. The packaging regulations have been in force since 1997 and have contributed to the doubling of the amount of packaging waste recycled in the UK, which is now 60%. This equates to 6.6 million tonnes of packaging waste being diverted from landfill into recycling each year. The regulations demand that companies who handle packaging as manufacturers, pack fillers, sellers, importers or leasing companies are registered each year and provide evidence that they have recycled packaging. The Environment Agency investigations found that Aston and Fincher Ltd had committed offences in each year from 2001 to 2008. The company also imported a range of electrical items into the UK, and failed to meet their obligations under the WEEE Regulations. This legislation came into force in 2007, and this is the first case of prosecution of a producer of electrical equipment under these regulations. The offences were discovered as a result of routine investigation work by the Environment Agency. The company admitted all the offences put to them. Speaking after the case Hannah Wooldridge, an Environment Agency officer leading in the investigation, said: "This is the first prosecution of a business for offences under both the Packaging regulations and the similar producer responsibility legislation for electrical equipment. It should send a strong message out to all companies who do have producer responsibility obligations to ensure that they comply with the legal requirements placed on them. These regulations do not set out to criminalise companies who don’t comply, they are about making all producers responsible for their impact on the environment, and helping them to reduce it wherever possible." "Businesses have a responsibility for what happens to their waste and ignorance is no defence - it’s a company responsibility to ensure they are fully compliant with all legislation. While registering would have cost less than £11,000 for the years concerned, their appearance in court has cost them well over £30,000. This case demonstrates that flouting the law does not pay." In mitigation, the company secretary, David Winnington, said that it was not a deliberate intention to evade the regulations. The company was simply not aware of them. They are now fully compliant with both regulations and they pleaded guilty at the first available opportunity.