Builder fined for mishandling hazardous waste
A builder who disregarded established safeguards in relation to the deposition and handling of asbestos has been fined by Magistrates at Aberystwyth Justice Centre.
Mr Ashley Ciminera, 37, of 30 Bryn Salem, Felinfach, Lampeter, Ceredigion, SA48 8AE had been replacing the roof of Harvst at Teifi Warehouse, Morgan Street, Cardigan SA43 1DF in June 2023 when he dumped fragmented and broken corrugated asbestos roofing sheets into a carpark that had open public access, and adjacent to the pavement. During the process of removing the sheets, fragmented parts had fallen and damaged cars parked below in the car park.
Where asbestos sheets are removed, the individual handling the material must make every effort to prevent the release of asbestos fibres into the air. This usually means ensuring it is removed without breaking or fracturing before being wrapped in two layers of heavy-duty plastic.
When asbestos-containing materials are damaged they can release tiny fibres into the air. The shape and size of asbestos fibres enables them to penetrate deep into the lungs, where they can stay and penetrate lung tissue. Leaving broken asbestos in an open public area was therefore a serious public health issue.
Councillor Matthew Vaux, Ceredigion Cabinet Member responsible for Public Protection, said: “I am appalled by the brazen disregard shown to the general public by this offender. This case shows that anyone found mishandling hazardous waste will face strict penalties. This prosecution serves as a clear warning to all individuals and organisations that the careless or deliberate mismanagement of dangerous materials will not be tolerated. We remain committed to enforcing environmental regulations to protect public health and the environment.”
At a hearing on 29 April 2025, Mr Ciminera pleaded guilty to one offence under section 33(1a) of the Environmental Protection Act 1990 relating to depositing the waste on Council property without authorisation, and another offence under section 33(1c) of the Environmental Protection Act 1990 relating to treating waste in a manner likely to cause pollution to the environment or harm to human health due to the material being uncontained hazardous waste left in such close proximity to a public right of way.
At a sentencing hearing on 14 May 2025, Mr Ciminera was fined £200 for each of the two offences. In addition, the court issued a victim surcharge of £160 and prosecution costs of £150 were granted, totalling £710 in all. Mitigation was considered in relation to Mr Ciminera’s ill health and current inability to work. His building and roofing business having been dissolved in the autumn of 2023.