A FATHER and son from the Llangennech area who operated an unlicensed waste-disposal facility on their farm were given two years to dispose of the rubbish properly or risk further sanctions.
In addition, Arwel Clement, 66, of Penlan Farm, Hendy, and Gareth Clement, 26, of Pwll Road, Llanelli, were both fined and ordered to pay prosecution costs.
Prosecuting on behalf of Natural Resources Wales (NRW), John Devonald said that the issues were the deposit, storage, and burning of controlled waste at Penlan Farm without an environmental permit.
NRW were first called to Penlan Farm following complaints from local residents regarding the burning of rubbish between June and December 2015. Officers found that a silage ramp was being used for burning the refuse.
Rubbish bags on the site were found to contain letters with numerous different addresses. One householder traced by NRW told officers that she had paid Gareth Clement £100 to remove rubbish from her house, and that she had been under the impression he was a licensed waste carrier. Gareth Clement had been advertising his business through social media.
Arwel Clement also admitted burning waste at Penlan Farm, and they were given until May 1 to clear the site.
However, a follow-up visit on May 4 showed that the condition of the site had in fact deteriorated, and officers noticed black plumes of smoke as refuse burned while they were on site. Among the waste items discovered were mattress springs, burned furniture, and white goods.
Mr Devonald told magistrates that the offences had been committed to make a financial gain, and that neighbours had been forced to close their windows and stop their children from playing outside when the Clements were burning rubbish.
In mitigation, Aled Owen said that Arwel Clement had been under the impression that ‘allowances would be made’ for burning waste because it had taken place on a farm. Mr Owen added that under the current permit system, farmers could ‘effectively declare what they were doing to the Environment Agency by filling in a form online’.
Mr Owen told the court that ‘lack of knowledge’ was a major factor in the offending. “The exemptions that they thought may have existed did not, and they pleaded guilty at the first occasion,” he added.
He suggested that an order be put in place to make the defendants clear the site. “The purpose of this would be to put a structure in place to deal with the issue in a proper manner,” he added.
Mr Owen estimated that it would take around 10 skips to clear the site, at an estimated cost of around £25,000.
In response to an enquiry about whether the condition of the site on May 4 could be put down to negligence, given that they had previously been ordered to clear the site by NRW, Mr Owen said that the Clements had still been under the impression that exemptions existed until they received legal advice.
Representing Arwel Clement, John Allchurch said that the 66-year-old was a former lorry driver who was making a small profit from raising cattle at Penlan Farm. Mr Allchurch added that Arwel Clement had made no financial profit from Gareth Clement’s waste disposal business.
In addition to having to return the land to its former condition and dispose of all waste properly within two years, Arwel Clement was fined £440, and ordered to pay costs and surcharge totalling £1,244. Gareth Clement was fined £530, with costs totalling £1,253.
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