A MAN from Anglesey who stored asbestos on an industrial estate without authority to do so has been jailed.
Aidan Rowden, 29, of Maes Llwyn, Amlwch, was sentenced to eight months’ imprisonment at Caernarfon Crown Court today (December 6).
Rowden, the sole director of Asbestos North West and Wales Ltd, had previously admitted a charge of knowingly permitting activity in contravention of an environmental permit.
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Prosecuting, James Coutts told the court that, on August 1, 2020, Natural Resources Wales received a report of asbestos waste being stored at Llwyn Onn Industrial Estate, Amlwch.
When officers attended the site on August 20, a 40-yard skip containing asbestos was found.
Businesses that carry out asbestos waste removal must collect and transport the asbestos directly to a waste facility that is authorised to accept and store it.
Rowden did not have a permit to leave the asbestos at the industrial estate, and was sent a letter on September 4 offering advice and guidance on how to dispose of it.
The skip was collected later that month, but another report was then made to Natural Resources Wales in February 2022.
When officers attended the premises in March 2022, asbestos waste was found stored in the open air.
In total, more than 14 tonnes of asbestos which Rowden had not disposed of properly had to be removed from the premises.
Mr Coutts added that there is a proposal to strike off Asbestos North West and Wales Ltd as its accounts are overdue.
Defending Rowden, who had no previous convictions, Dafydd Roberts said his client has no intention for his business to continue trading.
Appealing for a suspended custodial sentence, Mr Roberts said Rowden had shown “genuine” remorse, having also written a letter of apology.
Rowden was said to play a “very important role” in his immediate family, while he had received a job offer from a public sector organisation which he was due to start next week.
Sentencing, Judge Timothy Petts told Rowden that his actions were “clearly deliberate”.
Asbestos North West and Wales Ltd was also ordered to pay a £20,000 fine, as well as costs of £11,853.25.
Though, Judge Petts accepted that this is unlikely to transpire due to the company facing either being struck off or wound up.
Judge Petts told Rowden: “It’s clear that you knew what you had to do, but just failed to do it.
“The risks of asbestos to human health have been known for decades.
“Exposure to asbestos, even in very small amounts, can lead to debilitating diseases such as mesothelioma, an appallingly dreadful cancer which develops many years after exposure.
“You and your company were flagrantly breaching the law. It’s a fundamental failure to comply with a necessary safety regime.”
Euros Jones, Natural Resources Wales' operations manager for North West Wales, said: “This sentence reflects the seriousness of storing asbestos waste without a permit.
“Environmental regulations are in place for a reason and permits are required for businesses in the waste industry that move and store waste.
"Asbestos is a dangerous material and needs to be handled very carefully.
“Regulations make sure this work is done in a way that does not pose a risk to the environment or human health.
“We work closely with operators to make sure activities comply with the law and provide support and guidance when required.
“However, when a business fails to operate within the terms of its permit and guidance provided, we will take appropriate action.
"Operating without the required permit impacts other legitimate businesses and puts workers and members of the public at risk from hazardous waste.
“We hope the outcome of this case sends a clear message - we take offences of this nature very seriously and we will take the appropriate steps to protect people and nature.”
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