Man prosecuted for landfill site in Walberton

The prosecution was brought as part of Operation Mosaic, a multi-agency initiative that included the Environment Agency, the police, local authorities and environmental organisations, which is cracking down on waste crime in the area.

Gary Boucher, who ran the illegal business at Cherry Tree Nursery, Eastergate Lane, Walberton, West Sussex, appeared before Worthing Magistrates’ Court on Tuesday, January 21.

He pleaded guilty to 11 offences and was given an eight month prison sentence, suspended for two years.

In addition, he was given a curfew order to remain indoors between 7pm and 7am to last for three months and ordered to pay costs of £800.

The Court heard Boucher, who lived on the disused nursery premises, was visited by the Environment Agency back in July, 2012.

Officers inspected an open area of the site and found that it was being used as an open landfill.

There were two areas where fires had been burning and one fire was still ablaze.

The ash and items there indicated substantial long-term burning of all kinds of waste, including TVs, other electrical items, furniture and mattresses.

There were piles of household waste in black bin bags apparently stacked ready to be burned, and to the rear of the plot the officers saw about 20 tipped loads of soil waste.

There were also many old tyres on the site as well as deposits of asbestos around the area.

Boucher was interviewed and gave a statement which claimed that tradesmen were responsible for dumping the waste and that because of threats to him and his animals he had been forced to allow them to do so.

Boucher was served with a Stop Notice in May 2013, which was the first of its kind to be used in England.

The notice required him to cease all waste activity and also to stop burning waste on site, because of the threat of significant harm to human health and the environment.

However, Environment Agency officers continued to visit the site where they found evidence of more waste being dumped and burned.

Nigel Oliver, of the Environment Agency, said: “The sheer amounts of material deposited and the clear hazard posed by the presence of asbestos must have been clear to him. If this was a genuine story, he should have reported it to us straight away so that we could take action.”