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NRW Prosecution Statement:

Tuesday 6th January 2026 saw the conclusion of the legal action brought by NRW against Atlantic Recycling for offences dating back to 2019.
In July 2019, Atlantic Recycling was served with a Regulation 37 Notice for alleged non-compliances with version 6 of its fire prevention management plan (FPMP) which forms part of its waste management permit.

The particulars of the breaches in question were:
(i) that there was insufficient quarantine area on site;
(ii) that there was insufficient separation between two stockpiles;
(iii) that two of the stockpiles were over the permitted height.

Atlantic Recycling pleaded guilty to the charges in January 2023 and presented mitigation.
A Newton Hearing was held in September 2025 where the Court accepted Atlantic Recycling’s position that the breaches were de minimis—minor technical violations with no material impact. This assessment was accepted by the prosecution and the Court, and this was further reflected in their positions at the sentencing hearing in January 2026.
Whilst addressing the environmental risks associated with the offences, the Court considered the mitigating factors presented and Atlantic’s early guilty plea.
In making its judgement, the Court is bound by sentencing guidelines. This considered (i) culpability and (ii) harm, with each considered across four levels of seriousness- from level 1 culpability (deliberate) and level 1 harm (most serious) at the highest end, to level 4 culpability (low or no culpability) and level 4 harm (least serious) at the lowest. These categories guide the level of financial penalty in accordance with the size and turnover of the offending company.

The Court concluded that Atlantic’s actions were negligent (category 3 – Culpability) and of least serious harm (category 4 – Harm). This resulted in a fine of £40,000.
After 6 years, this matter is finally concluded.

Atlantic Recycling Ltd response:
Despite media coverage suggesting significant levels of culpability and harm, the Court’s own findings support our longstanding position that these matters were de minimis and posed no material environmental harm; the level of fine imposed reflects this proportional assessment.
The Court found culpability to be category 3 and harm category 4 (the lowest level)
Despite this, it is disappointing that much reporting to date has drawn on historic and unrelated issues, creating a misleading narrative about Atlantic Recycling’s operations and management. Atlantic Recycling was not approached for comment prior to publication.

We will be raising these concerns directly with the publishers and the Independent Press Standards Organisation (IPSO).

Atlantic Recycling regularly works with and alongside NRW due to its role as a regulator, and while we respect the regulatory process, we believe the outcome reflects the limited and historic nature of the breaches.
It is regrettable that this incident will be recorded as an environmental prosecution as we feel this does not fully reflect the limited nature of the breaches.
This case relates to events in early 2019 and does not reflect the current Atlantic Recycling operation or business. Atlantic Recycling has made significant investments and improvements and has implemented more robust procedures in order to address any previous shortfalls.

This includes:
• The fire management plan under review in this case has been updated twice in the intervening years, incorporating strengthened protections to prevent any recurrence.
•The implementation of enhanced fire-management measures on site, allowing Atlantic Recycling to deviate from standard NRW guidance relating to waste storage. This was acknowledged by the Court.
•NRW has not adversely reviewed Atlantic Recycling’s current FPMP (version 8), along with version 7- both of which incorporate these enhanced measures.

Atlantic would confirm that the stockpiles and waste material which were the focus of this legal action have long since been removed and that Atlantic continues to invest significantly in its operations to promote recycling and the reuse of waste, and to provide high-quality services to its customer base.

NRW remains a key stakeholder and we look forward to working constructively with them across the Dauson Group businesses in the future.