ETB fined £100,000 for breaking tyre disposal rules

In July, Exhaust Tyres and Batteries (Worcester) Limited (otherwise known as the Bridgestone-owned ETB tyre retail operation) exceeded the amount of waste the company were legally allowed to deposit at Synergy Tyres Limited, Daventry in total depositing around 250,000 of waste tyres. As a result, ETB was fined £100,000 and ordered to pay costs of £7,463.

According to the Environment Agency, Synergy Tyres Limited, Daventry, had two exemptions to store waste and mechanically treat end-of-life tyres. However, it did not have an environmental permit to store or treat large numbers of tyres on site and was required to keep these to a minimum (specifically 40 tonnes over 7 days).

Environment Agency officers discovered that ETB had deposited thousands of tyres over the course of a year. The root of the transgression was that, according to the ruling, they did this without checking that the site was authorised to accept those tyres.

The specific charge was “Between 1st January 2020 and 27th February 2021, Exhaust Tyres and Batteries (Worcester) Limited failed to take all such measures as were reasonable in the circumstances to prevent the contravention by any other person of the Environmental Protection Act 1990 s33 contrary to sections 34(1)(a) and 34(6) of the Environmental Protection Act 1990.”

Prosecuting for the Environment Agency, solicitor Sarah Dunne told the court that ETB had shown “wilful blindness.” She said it was “common knowledge that there is a fire risk from the storage of waste tyres and that any responsible company should be aware of the regulations.”

However, when interviewed under caution, a representative for Exhaust Tyres and Batteries (Worcester) Limited claimed that the company was unaware of its environmental law obligations.

“ETB wishes to convey its regret that this occurred, but has fully accepted responsibility and the sentence handed down by the Court.” – Eric Brisard, Bridgestone managing director Retail, North Region

The Environment Agency first became aware that Exhaust Tyres and Batteries (Worcester) Limited regularly deposited tyres unlawfully at the Synergy site in February 2021. When checked by the Environment Agency, the company’s records showed that such activity had happened between January 2020 until late February 2021.

Officers also found ETB records of the delivery and transfer of the waste tyres were incomplete, breaching statutory regulations.

Sentencing Exhaust Tyres and Batteries (Worcester) Limited, District Judge Nick Watson said he was satisfied that the £100,000 fine imposed would, “…send a message to the Directors and Shareholders that they need to comply with environmental legislation.”

Paul Salter, Senior Environmental Crime Officer from the Environment Agency, said:

“This prosecution sends out the message that we will not hesitate to prosecute companies which endanger communities and disregard the environment and the law.

“As the largest contributor of waste tyres to the Synergy site, the defendant had been reckless. The company’s actions displayed an alarming lack of knowledge and environmental awareness. There is an inherent fire risk when tyres are stored in such large quantities, which poses significant risks to nearby residents and premises.

“Waste crime also undercuts lawful businesses as regulations are undermined to save time and costs.”

ETB accepts full responsibility

Commenting on the ruling, Eric Brisard, Bridgestone managing director Retail, North Region  said the tyre retailer accepted full responsibility for a “technical failure”:

“Exhaust Tyres & Batteries Worcester Ltd (ETB) has been sentenced at Leicester Magistrates Court, following a guilty plea being entered to one offence arising from a technical failure to comply with a duty of care imposed upon the company by the Environmental Protection Act 1990, which related to the disposal of waste tyres.

“ETB wishes to convey its regret that this occurred, but has fully accepted responsibility and the sentence handed down by the Court. ETB remains fully committed to achieving the highest standards in relation to its on-going environmental compliance, waste management and disposal, and will continue to strive to achieve an environment that is free of incident in the future. The Environment Agency also audited ETB’s main warehouse in December 2021 and reported full compliance of all paperwork and health & safety processes.”