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Mayobridge recycling company made subject of £120,000 Confiscation Order

A Co Down tyre recycling business, OM Recycling Ltd, has been made the subject of a £120,000 Confiscation Order under the Proceeds of Crime Act 2002 at Newry Crown Court in relation to waste offences.

Mr Gerard Farmer (45) of Fincairn Road, Derry and Mr Gerard O’Malley (46) of Ballintemple Road, Newry are directors of OM Recycling Ltd, which operates a licensed tyre storage and treatment facility at Chapel Hill Road Mayobridge. The company’s licence allows the storage of up to 150 tonnes of unprocessed tyres and 100 tonnes of shredded tyres inside the two sheds on site. It does not permit baling of tyres or large scale stock piling of tyres.

During site inspections by Northern Ireland Environment Agency officers in 2009 and 2010, approximately half a million tyres were found to be stored in bales outside the licensed area. In October 2009 the company failed to act on an instruction under the Waste and Contaminated Land (NI) Order 1997 to remove all tyres stored in excess of permitted limits. A follow up visit in February 2010 discovered additional tyre bales on site.

Mr Farmer and Mr O’Malley admitted to NIEA officers during interview that they had allowed excess tyres to be stored on the site contrary to the conditions of their waste management licence, that they had been aware that they were operating outside of their licence conditions and that they have failed to remove the tyres in the time allowed.

OM Recycling Ltd and its two Directors pleaded guilty to four offences each under the Waste and Contaminated Land (NI) Order 1997. The court made a confiscation order against the limited company under the Proceeds of Crime Act 2002 for £120,000 in relation to benefit acquired from criminal conduct.

Each defendant was also fined £250 for each of the four charges totalling £3,000.

The site has since been cleared of all excess tyres and the company is now largely compliant with their licence conditions with no recent serious breaches having been recorded.