Newport man found guilty of illegal waste offences

A man from Newport has been successfully prosecuted by Natural Resources Wales (NRW) for dumping large quantities of waste on his land, without an environmental permit, following a two-day trial at Cardiff Magistrates Court.

Mohammed Zishan Ali Hassan and his company CF39 Ltd were ordered to pay a combined total of £19, 886 after being found guilty, of allowing general mixed waste and waste consistent with house clearance and renovation works, to be dumped on his land at the Courtybella Works Club in Newport, and operating a regulated facility without an environmental permit.

This is an offence under the Environmental Protection Act 1990 and the Environmental Permitting (England & Wales) Regulations 2016.

NRW first visited the site in March 2022, along with officers from Newport Council and Gwent Police after receiving reports of illegal waste activity at the site.

Mixed waste

Upon arrival they found large quantities of mixed waste including bricks, slate, concrete, tiles, and ceramics, as well as plasterboard, foam insulation material, electrical items, and mattresses.

Mr Hassan and the Company was served with a Section 59 Notice, requiring  the removal of waste from the site.

He was also informed by officers that the deposit of waste on the land was unlawful and told that no further waste was to be deposited there.

During a follow up visit in May 2022 however, NRW officers found that Mr Hassan had failed to fully comply with the notice and there was evidence of waste activity continuing on site.

Both Mr. Hassan and his Company were then served a S34 Notice requiring the provision of waste transfer notes, to demonstrate that he had met his duty of care obligations, in ensuring that he had kept a written description of the wastes imported or generated at the site.

Again, this notice failed to be complied with.

Damaging effect

Su Fernandez, Senior Enforcement Officer for Natural Resources Wales said: “We take reports of illegally dumped waste very seriously. The activity has a damaging effect on the local environment and undercuts legitimate waste operators who abide by the rules.

“Environmental regulations are in place for a reason. Permits are required for businesses that move and store waste, to make sure this is done in a way that does not pose a risk to the environment or human health.

“We hope the outcome of this case sends a clear message that we take offences of this nature very seriously. We won’t hesitate to take the appropriate steps to protect people and nature and help safeguard the marketplace for legitimate operators.”

Councillor Yvonne Forsey, Newport City Council’s cabinet member for climate change and biodiversity, said: “This was a complex case, and shows that good partnership working is vital if we are going to stop serious waste offences.

“This kind of activity is a blight on our communities, and the council is delighted to see that the action taken in this case has resulted in a successful prosecution.”

Despite entering a not guilty plea, Mr Hassan was found guilty at Cardiff Magistrates Court on Wednesday 10 July, and ordered to pay a fine of £3000.

His company CF39 Ltd for which he is the sole director, was ordered to pay a fine of £8,000.

In addition, Mr Hassan and his Company were ordered to pay NRW full costs of £8,506 and a victim surcharge of £380, bringing the overall total to £19,886.

To report an environmental incident call 0300 065 3000 or use the online report it form: Natural Resources Wales / Report an incident