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02/01/2013

Garden Centre Prosecuted For Failing To Dispose Of Asbestos Correctly

A BASILDON pet shop and garden centre has been prosecuted for failing to dispose of asbestos properly.

Manor Koi Ltd, in Pound Lane, Bowers Gifford, faced two charges under the Health and Safety at Work Act and one under the Environmental Damage (Prevention and Remediation) Regulations 2009.

Two of the four directors of Manor Koi Ltd, Martin and Michael Green, appeared at Basildon Magistrates Court and pleaded guilty.

The court heard the company was facing financial hardship and presented financial records to corroborate this. They asked for this, along with the early guilty plea, and co-operation with the investigation to be taken into account.
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They were fined £5,300 for all three offences with full costs of £1,021 being awarded to the council plus a £15 victim surcharge, a total of £6,336.

Basildon Council was made aware of a quantity of suspected asbestos on land at Manor Koi Ltd in June 2011.

Sheet material from demolished buildings on the site had been repeatedly crushed and spread across land by vehicles over a three to four week period.

Tests showed it to contain chrysotile, otherwise known as ‘white asbestos’. The asbestos cement waste was later safely removed from the site after Council officers intervened.

Councillor Richard Moore, cabinet member with responsibility for environmental health, said: "There are a number of steps the Council can take to support and promote good levels of health and safety.

"Our environmental health officers not only provide a valuable service in advising local businesses about their statutory responsibilities but they also take vital action to deal with those who fall below par.

"Sometimes, as a last resort and in the best interests of the general public, we are left with no choice but to prosecute."

(CD/GK)

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