EA are investigating farmers taking receipt of Gypsum and spreading it on their land without an Environmental Permit.
We have received several enquiries from farmers in Lincolnshire who have spread Gypsum on that land in order to improve the quality of the soil and who are now being criminally investigated by the Environment Agency.
When you produce, transport, store and/or use waste, unless an exception applies, then you must have either a relevant registered exemption or an environmental permit which covers the activity.
Whether Gypsum is “waste” will depend on various factors including where it came from and whether it has become “non-waste” because of extensive processing which has turned former “waste” into a usable product (known as recovery). If it is not waste in law, then generally you don’t need a permit.
The EA, as with many regulators, often focus on one specific issue or area of the regulations as an area for enforcement for a period of a few months, before moving on to something else. Therefore, it is likely that others across England are being investigated for the use of Gypsum in addition to farmers in Lincolnshire.
If you have spread Gypsum on your land or if you are being investigated by the Environment Agency in relation to spreading Gypsum or any other product, please do get in touch with our Regulatory Team. It is by no means certain that any allegation by the EA that you have breached or are breaching the regulations can be made out. Conviction of waste offences can carry very significant financial penalties and as such it is important to properly assess whether there has been any breach and/or what defences are available before providing any response to the EA.