Significant Penalty for Environmental Violation in Gloucestershire
The operator of a waste management site in Cheltenham has been subjected to a substantial penalty of £47,000, including costs, for the unlawful disposal of red diesel. This incident occurred in November 2022 at their facility located in Lower Slaughter.
J. Gilder Earthmoving and Aggregates Ltd faced sentencing at Gloucester Crown Court on 5 October 2026, with its director, Joseph Gilder, representing the company. The firm had previously entered a guilty plea concerning the offence of discharging red diesel onto the ground by or on 17 November 2022.
Judicial Remarks on Environmental Accountability
During the proceedings, Judge Rupert Lowe expressed his dismay regarding the company’s actions, stating, “The company had deliberately chosen to ignore the red diesel rules and then deliberately spilled the fuel.” He further emphasised, “There was no reason for this offence to be committed at all – it was a deliberate and blatant attempt to circumvent the law and obstruct those who care for the environment.”
On 17 November 2022, officials from His Majesty’s Revenue and Customs (HMRC) conducted an unannounced inspection of the site to ascertain whether the company was engaging in the illegal use of red diesel. Although the site was operational and Gilder was present, access was initially denied to the inspectors. In a bid to avoid detection, Gilder or a representative from the company attempted to dispose of red diesel from a scalping screener, a device used to separate bulky construction materials.
Aftermath and Environmental Remediation Efforts
After waiting for over two hours, HMRC officers were finally granted access, during which they discovered two significant puddles of red diesel on the premises. Subsequently, HMRC notified the Environment Agency, which promptly visited the site to collect soil samples and assess the extent of contamination.
A representative from the Environment Agency remarked, “J. Gilder Earthmoving & Aggregates Ltd deliberately caused pollution by pouring red diesel, which it was illegally using, onto the ground. It was a reckless act to avoid detection by HMRC.” The agency reaffirmed its commitment to taking enforcement action against illegal polluting activities.
As a result of the incident, HMRC imposed a fine for the unlawful utilisation of red diesel, while the Environment Agency charged J. Gilder Earthmoving & Aggregates Ltd with environmental offences associated with the fuel discharge.
Proactive Measures Against Waste Crime
Following the incident, the Environment Agency ensured the removal of approximately 3.5 tonnes of heavily contaminated soil from the site, thereby mitigating the ongoing impact of the spillage and reducing the risk of groundwater contamination.
In the court ruling, J. Gilder Earthmoving & Aggregates Ltd received a fine of £12,000, in addition to being ordered to cover costs amounting to £33,610.06 and a statutory surcharge of £2,000.
The Environment Agency has implemented a comprehensive 10-point plan aimed at intensifying the crackdown on waste-related crimes. This initiative includes proactive measures by specialist officers on larger sites, increased public information sharing, enhanced enforcement capabilities, and a commitment to publicly identifying illegal waste operations.
Since 2023, the Environment Agency has successfully secured nearly 250 prosecutions for waste offences across England, resulting in fines exceeding £2.2 million and nearly 90 custodial or suspended prison sentences. In the fiscal year 2024/25 alone, the agency closed 743 illegal waste sites, 143 of which were classified as high-risk.
Additionally, the agency’s economic crime unit has obtained over £1.5 million in confiscation orders in recent years, alongside the freezing of nearly £21 million related to money laundering investigations tied to waste crime.
