Roger and Angela Smith were found guilty of unpermitted storage and disposal of waste and now must repay £600,000 under the Proceeds of Crime Act.
A Cornwall-based liquid waste collection business has been ordered to repay £600,000 after being prosecuted by the Environment Agency.
Roger and Angela Smith, trading as R & A Cleansing, based at Ashwell Farm, Coads Green, Callington, Cornwall pleaded guilty to the offences at Truro Crown Court on 30 January 2026.
Both defendants were sentenced to 10 months prison suspended for 2 years concurrent on each charge.
Under the Proceeds of Crime Act, the couple must now repay £600,000 and were also ordered to pay costs of £10,000.
The defendants were also told to remediate the site within 18 months.
The Court heard that R & A Cleansing Services operate a liquid waste collection service from Ashwell Farm, serving the Cornwall area, and have been doing so for 25 years.
The partnership consists of a husband-and-wife team, Roger and Angela Smith, who own the land and reside on site in a residential property.
Though R & A Cleansing Services are registered waste carriers, there are, however, no permits or waste exemptions which would allow waste to be stored or treated or disposed of on site.
On 1 February 2023, an anonymous report was received by the Environment Agency that the defendants were illegally storing and disposing of tankers laden with liquid waste on site.
One of the waste pools and pile of mixed waste
Angela Smith stated there had not been disposal of waste on site but that it was being stored in underground tanks.
The officers noted evidence of several underground tanks, two separate pools of heavily polluted water, tanker pipes lying on the ground, a pile of mixed domestic and building waste and evidence of the burning of waste.
The field to the south of the site was viewed and the access track was thick with sludge. A tanker pipe draining into the field entrance was left lying on the ground, indicating the discharging of waste into the field.
The Smiths were told to cease immediately storing and disposing of waste on site.
Waste Transfer Notes (WTNs) indicated the various wastes collected by the defendants included effluent treatments, animal tissue waste including blood, and septic tank sludge.
It was clear from examination of WTNs that the defendants were not completing the required details either properly or at all. For example, not providing details of the quantity of waste collected, or where it was going to for disposal, where it was collected from, the disposal date and incorrect waste coding.
In March 2023, a notice was served on the defendants requiring documentation relating to the purchase, installation or integrity of the underground storage tanks. None was forthcoming.
The officers noted evidence of the burning of waste
Sally Turberville, enforcement officer at the Environment Agency said:
Waste criminals should be aware how seriously we take their offending, including the financial benefit they obtain from their illegal activities.
It was very concerning that large quantities of untreated mixed liquid wastes were stored illegally in unserviceable underground tanks and open pits.
Waste was discharged straight onto the agricultural ground owned by the defendants and after more than 25 years in the waste collection business, they should have been fully aware of the regulations. As the business grew, there was no investment in appropriate equipment or infrastructure, no application made for an environmental permit.
If anyone suspects that waste crime is taking place in your community, contact the Environment Agency's 24/7 hotline on 0800 80 70 60 or report it anonymously to Crimestoppers on 0800 555 111.
Background
The charges:
- Between 1 January 2020 and 2 February 2023, you, Roger Smith and Angela Smith, were Operating a Regulated Facility, except under and to the extent authorised by an environmental permit, namely a waste operation including the storage and deposit of controlled waste, on land at Ashwell Farm, Coads Green, Callington, Cornwall in respect of which no environmental permit was in force.
Contrary to regulations 38(1)(a) and 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
- Between 1 January 2020 and 2 February 2023 you, Roger Smith and Angela Smith on land at Ashwell Farm, Coads Green, Callington, Cornwall disposed of controlled waste, namely mixed domestic and commercial liquid waste, by piped discharge to ground in a manner likely to cause pollution of the Environment or harm to human health
Contrary to Section 33(1)(c) and (6) of the Environmental Protection Act 1990 as amended.
- Between 13 February 2021 and 30 November 2022 you, Roger Smith, being a person who carries and disposes of controlled waste failed to comply with the duty of care imposed by section 34(1) and (5) of the Environmental Protection Act 1990 in that on the transfer of waste, you failed to ensure that there was transferred such written description of the waste as would have enabled other persons to avoid a contravention of section 33 of the said Act and to comply with the Duty under section 34(1) of the said Act as respects the escape of waste
Contrary to s34(1) and 34(6) of the Environmental Protection Act 1990.
