Father and son sentenced for illegal waste dumping in Ballymena

Antrim Crown Court

In a significant environmental case, a father and son from Ballymena, County Antrim, have been sentenced at Antrim Crown Court for breaches of waste legislation.

Gerald Bryson McCarroll, 69, and Brian McCarroll, 38, both of Doury Road, were each handed six-month prison sentences, suspended for one year, after pleading guilty to illegally keeping controlled waste on a site co-owned by Gerald McCarroll.

The case, which involved the burial of over 10,000 tonnes of waste, has highlighted the importance of robust environmental regulations and the consequences of non-compliance.

The offences came to light following an investigation by the Northern Ireland Environment Agency (NIEA), which uncovered substantial quantities of buried waste during a site visit on 6 September 2018.

The waste, located on land at Doury Road, Ballymena, included construction and demolition materials such as clay, concrete, brick, and timber, alongside trommel fines—small fragments of waste like metals, plastics, glass, textiles, and ceramics, typically deemed uneconomical for further recycling.

The NIEA confirmed that the site lacked the necessary waste management licence, rendering the storage of this waste illegal under The Waste and Contaminated Land (Northern Ireland) Order 1997.

Samples taken from the site revealed that the buried waste was actively polluting the land, posing risks to both the environment and human health.

The scale of the offence was substantial, with the NIEA estimating that over 10,000 tonnes of waste had been buried without authorisation.

In addition to the environmental damage, the case underscored the challenges of managing waste responsibly, particularly trommel fines, which are often destined for landfill due to their limited recyclability.

Following their guilty pleas in October 2023, Gerald and Brian McCarroll took responsibility for remediating the site at their own expense.

The clean-up process, overseen by the NIEA, involved the excavation, treatment, and removal of the most polluting materials. Approximately 1,200 tonnes of trommel fines, 13.5 tonnes of hazardous waste, and 5 tonnes of polluting leachate—a liquid formed when water interacts with waste—were removed and disposed of at an authorised landfill facility.

The remediation, completed in September 2024, cost an estimated £400,000.

An NIEA spokesperson commented on the outcome, stating:

“This represents a significant positive outcome insofar as the law has been upheld and convictions secured. However, importantly, the polluting waste has also been removed at the expense of the defendants. This means that the environment has been protected without significant cost to the taxpayer.”

The spokesperson’s remarks reflect the dual success of the case: enforcing environmental law and ensuring the polluters bore the financial burden of the clean-up.

Both defendants pleaded guilty to one count each of keeping controlled waste without a waste management licence, under Article 4(1)(b) of The Waste and Contaminated Land (Northern Ireland) Order 1997.

Two additional charges per defendant, related to keeping and disposing of waste in a manner likely to cause environmental pollution or harm to human health, were left on the books. These charges could be reactivated in the future, subject to approval from the Crown Court or the Court of Appeal.

The defendants were also ordered to pay £3,572.22 in costs to the NIEA.

The case serves as a stark reminder of the legal and environmental responsibilities associated with waste management. Illegal waste dumping not only damages ecosystems but also places a significant burden on regulatory bodies and communities. The successful remediation of the Doury Road site demonstrates the effectiveness of enforcement actions by the NIEA and the importance of holding offenders accountable.

This sentencing comes amid growing concerns about illegal waste disposal across Northern Ireland, with authorities urging landowners and businesses to comply with waste management regulations. The NIEA continues to monitor and investigate potential breaches to safeguard the environment and public health.

As environmental awareness grows, cases like this highlight the critical need for sustainable waste management practices. The McCarrolls’ case underscores the consequences of flouting regulations and the substantial costs—both financial and environmental—of failing to adhere to the law.