Two Somercotes men sentenced for burying asbestos in woodland

Gavin Andrew George, of Ward Drive, Somercotes  and Robert Rathband of Parkside, Somercotes, appeared at  Derby Magistrates Court for sentencing, having both previously pleaded guilty to one charge of illegally dumping  asbestos waste in a woodland area close to houses.

The asbestos, taken from a dismantled garage, was hauled over a garden fence, buried in a shallow hole and covered with grass cuttings close to dwellings and a childrens’ play area.

For the Environment Agency, Mark Lewis told the court that on 27 April 2008 the Environment Agency received a report of two men struggling with a bag of asbestos. The men had lifted the bag over a garden fence and buried it in woodland behind Ward Drive. One witness was so concerned at what she saw that she challenged Mr Rathband about this asbestos depositing  but they ignored her and carried on despite the dangers.

On 22 May, the Environment Agency and land owners Amber Valley Housing visited the woodland area and discovered a one cubic metre builders’ bag containing broken asbestos and glass. The defendants had smashed the asbestos from the garage up into pieces before putting it into the large builders bag. A further asbestos deposit was also found nearby, Mr George having volunteered its whereabouts to the Environment Agency.

Photographs and samples were taken and, for safety reasons, the bag was covered over again until it could be removed without risk using protective clothing. Specialist contractors later removed the asbestos in seventeen  smaller bags and disposed of it safely. There was a considerable quantity deposited.

On 4 June environment officers visited the previous owner of the garage, who claimed that he had paid Mr Rathband £100 to dismantle and dispose of it, assisted by Mr George. Both Mr Rathband and Mr George were interviewed and admitted they had been the two men witnessed burying the asbestos.

Speaking after the case Martin Turner, an Environment Agency officer involved in the investigation said: “Asbestos is so dangerous. Disposing of it like this shows complete disregard for the environment and human health. It was fortunate that these men were seen committing the offence. This meant that, thanks to the courage of the witnesses, this dangerous material could be safely removed and we were able to prosecute the offenders.” In mitigation, the defendants claimed that they had not understood the full implications of what they were doing.

However, Mr George had admitted prior to sentencing that he realised the asbestos was dangerous to his  children and this was the reason why he had removed it to the woodland area for disposal.

Mr George received a community punishment order of 100 hours unpaid work. He was also ordered to pay costs of 150 GBP and compensation of 250 GBP. Mr Rathband received a six month curfew order, and was ordered to pay costs of 200 GBP plus compensation of 300 GBP.

The charges were brought by the Environment Agency under the Environmental Protection Act 1990. Mr George and Mr Rathband each pleaded guilty to one charge under Section 33 (1) (a) & 6 EPA 1990.