Suspended prison sentence for illegal waste activity
Source: gov.uk (2025-02-10)

A man has appeared at court for failing to clear an illegal waste site for the second time – and operating another one in Middlesbrough.

In a prosecution brought by the Environment Agency, Martin Hindmarsh, 38, of High Street, Stokesley, appeared at Teesside magistrates’ court on Tuesday 4 February.

He admitted he was in contempt of court for the second time for failing to comply with a court order to clear waste from an illegal site at Tame Road, in Middlesbrough.

He had also previously pleaded guilty on 19 November 2024 to operating another illegal waste site at Owens Road, also in Middlesbrough, which he was doing during the investigation and prosecution in relation to the Tame Road site.

For the illegal waste site, he was sentenced to 18 weeks in prison, suspended for 18 months, with 15 rehabilitation activity requirement days and 250 hours of unpaid work. He was also ordered to pay costs of £7,506.60.

For the contempt of court, he was fined £5,000 and told he must clear the site or expect to be back before the court.

The image shows the piles of waste still present at the illegal Tame Road site.

‘Determined to tackle waste crime’

Gary Wallace, area environment manager for the Environment Agency in the North East, said:

We are determined to tackle waste crime that is blighting our communities, and continue to take action against those involved.

Hindmarsh has shown a complete disregard for the law in relation to both of the sites he has operated in Middlesbrough, and we’re pleased this has been recognised by the court.

Trying to bypass environmental laws for financial gain can ultimately end up being significantly more costly.

The court heard that Hindmarsh, the director of B8 Waste Services Ltd – which was ultimately dissolved in October 2023 - started renting an industrial unit at Owens Road in December 2022.

In June 2023, both Cleveland Fire and Rescue Service and the Environment Agency received information about a large amount of waste on the site.

Officers from both organisations attended the site together and saw it filled with waste, including fridges and freezers, wood, metal, mattresses and gas canisters, all stored in one big pile causing a fire hazard.

Hindmarsh, who was on site, said he did not have an Environment Agency environmental permit, which is required to operate a waste facility.

He was given a notice that required him to stop operating the site with immediate effect and to remove all waste by 14 July 2023. He was also asked for his waste transfer notes, which are a legally required document that record the movement of waste between one place and another.

The image shows illegal waste at the Owens Road site.

Checks on illegal site

On 14 July, the Environment Agency returned to the site to assess whether waste had been removed, and while the unit was shut, they found there was an increase in waste stored outside of the unit.

In August, a further visit confirmed the amount of waste on site had increased.

In December, the Environment Agency wrote to Hindmarsh requesting that all waste transfer notes for waste that left the site between 1 July and 20 December 2023 were provided by 29 December 2023.

In February the following year, officers met with Hindmarsh on site. While the majority of waste had been removed, there were still around 40 fridge freezers remaining. Hindmarsh also provided the waste transfer notes this month, six weeks after the December deadline.

At the Tame Road site, in July 2023, Hindmarsh and his other company, B8 Waste Management Limited, were fined and ordered to pay costs totalling almost £26,000 when they appeared at Teesside magistrates’ court. Hindmarsh was ordered to clear the site of waste by 31 December 2023, and disqualified from being a company director for two years

In July 2024, he appeared in court again where he admitted contempt of court for failing to clear the site by the deadline. He was fined £2,500 and ordered to pay costs of £2,750.

He indicated he would clear the site within two months, but checks by Environment Agency officers in August and November revealed the waste was still on site. Waste was also still present during a final visit by officers on the day of sentencing - 4 February 2025.

In mitigation, the court heard that Hindmarsh had cleared the Owens Road site and had recently borrowed money to clear the Tame Road site, and expected it to be cleared in the next week. It was added that his family would suffer if sent to prison.

People can report waste crime to the Environment Agency on its incident hotline: xx-xxxx-xxxx

Background

Full charge

Between 7 June and 2 February 2024, Hindmarsh operated a regulated facility, namely a waste operation for the recovery or disposal of waste, except under and to the extent authorised by an environmental permit.

Contrary to regulations 12(1)(a) and 38(1) Environmental Permitting (England and Wales) Regulations 2016.