- Accepted Enforcement Undertaking to address violations of environmental legislation
- Environment Agency’s response by the Environment Agency to companies’ failure to comply with packaging recycling obligations is a benefit to the local environment as well as the public.
After Trafalgar Scientific Limited, Leicester-based Enforcement Undertaking (EU), was accepted by the Environment Agency, the Leicestershire Bradgate Park Trusts Jubilee Woodland Project received a financial boost.
The company is offering an EU as compensation for failing to register itself as a packaging manufacturer and take steps towards recovering and recycling its packaging waste under the Producer Responsibilities (Packaging Waste Regulations) Regulations 2007.
Trafalgar Scientific Limited has now complied with the regulations. They have made a payment in the amount of 17,600 to Bradgate Park Trusts Jubilee Woodland Project, and taken other steps to ensure it doesn’t happen again.
The Jubilee Woodland project is designed to increase public awareness and care for the environment. More trees will be planted to produce CO.2sequestration (removal or storage of CO)2Ensure that the forest is protected and that there is a pathway through the park.
Trafalgar Scientific, a supplier of microbiological and laboratory equipment to both the public and private sector across the UK, includes items such as air samples and petri dishes, laboratory protective wear and DNA testing kit.
Jake Richardson, Senior Tech Officer for the Environment Agency said:
We are happy to see that Trafalgar Science has now complied with the regulations.
Enforcement Undertakings are a way for businesses to address historical noncompliance under the Packaging Regulations. It involves a series actions that ensure future compliance as well as a financial contribution to an appropriate environmental project.
The Packaging Regulations are designed to reduce the amount packaging waste that ends up in landfills by requiring producers (or obligated businesses) to contribute financially to the recovery and recycling.
The Environment Agency is increasingly using enforcement to enforce environmental laws. This includes cases to restore or enhance the environment and improve practices of offenders. We will pursue prosecution wherever appropriate.
James Dymond is the Director of Bradgate Park Trust.
The Enforcement Undertaking funding will be used to plant new parkland tree plants in a field next to our Hallgates parking lot. This will include fencing, new hedgingrows, field margins, and interpretation.
Any environmental concerns should be reported to the Environment Agency’s 24-hour hotline 0800 80 70 60.
The company also paid the Environment Agency’s investigation, administration, and legal costs.
Notes to editors
The company did NOT meet the regulations
The Packaging Regulations aim to promote a more sustainable approach in dealing with packaging materials. They require that businesses take responsibility and accept liability for all packaging used in their business operations. This reduces the amount packaging that is produced and the material that ends up in landfills.
Trafalgar Scientific acknowledged that they didn’t comply with the regulations and avoided paying the Environment Agency’s annual registration fees. They also did not finance the recovery and recycling packaging waste.
Between 2012 and 2020: Regulation 40(1)(a). Failure to register under the Producer of Responsible Obligations (Packaging waste) Regulations 2007.
Between 2012 and 2020: Regulation 40(1)(b). Failure to recover/recycle as required by the Producer of Responsibility Obligations Packaging Waste Regulations 2007.
An obligated producer of packaging is a business or organization that produces or uses packaging or sells packaged products.
If a company (or the UK group of companies that they are part) meets both of these criteria, they are an obligated packaging manufacturer.
- In the last calendar year, we handled 50 tonnes of packaging materials.
- A turnover of more that 2 million per year (based on the most recent financial years accounts).
What is an Enforcement Undertaking?
The Environment Agency (EA), as an alternative to prosecution or monetary penalties for certain environmental offenses, can offer an Enforcement Undertaking. The Enforcement Undertaking is a legally binding voluntary agreement that can be offered by a business or an individual when the EA has reasonable grounds for suspecting that an environmental offense has been committed.
Enforcement Undertakings were established for environmental offenses under the Environmental Civil Sanctions Order (England), 2010 and the Environmental Civil Sanctions Miscellaneous Amendments (England), Regulations 2010.
Acceptance of an Enforcement Initiation is at the EA’s discretion. If accepted, it allows firms and individuals that have damaged the environment outside of legislative requirements and offered to complete actions that will address the cause and affect of their offending.
EUs can be offered to those who are guilty of violating permit conditions, polluting rivers, or failing to comply with recycling/recovery obligations. The Environment Agency reviews the proposed actions and decides if they are acceptable.
Why use Enforcement Undertakings
- Businesses will voluntarily comply with the law now and in future, without having to worry about criminal convictions
- EU actions can have a positive impact on the environment, the local community, as well as those directly affected by the offending.
- They allow the EA, rather than criminal prosecutions, to deal with less serious and polluting offenses in a more proportionate manner.
The Environment Agency reserves right to prosecute anyone who fails to comply with an Enforcement Undertaking.
