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Waste firm given £47k penalty for ‘blatant attempt to get round the law’

A waste site operator has been fined £12,000 and ordered to pay more than £35,000 in costs and surcharges after deliberately discharging red diesel.

Image credit: Environment Agency

J. Gilder Earthmoving and Aggregates was sentenced at Gloucester Crown Court on 5 October 2026 after pleading guilty to unlawfully discharging red diesel at its yard in Lower Slaughter on or before 17 November 2022.

The company was also ordered to pay £33,610.06 in costs and a £2,000 statutory surcharge, bringing the total penalty to £47,610.06.

Sentencing the company, Judge Rupert Lowe said: “The company had deliberately chosen to ignore the red diesel rules and then deliberately spilled the fuel.

“There was no reason for this offence to be committed at all – it was a deliberate and blatant attempt to get round the law and obstruct those who care for the environment.”

Red diesel dumped during inspection

The incident occurred on 17 November 2022, when HM Revenue and Customs (HMRC) carried out an unannounced visit to the site to establish whether the company was still using red diesel unlawfully.

According to the Environment Agency, although the site was open for business and Company Director Joseph Gilder was present, inspectors were initially refused entry.

During the delay, either Gilder or someone acting on the company’s behalf emptied red diesel from a scalping screener, a machine used to separate bulky construction waste, to avoid detection.

After waiting for more than two hours, HMRC officers were allowed onto the site, where they found two large puddles of red diesel on the ground.

HMRC subsequently informed the Environment Agency, which visited the site and took soil samples to assess the extent of the contamination.

HMRC issued a fine for the unlawful use of red diesel, while the agency brought environmental charges against the company over the discharge of fuel onto the ground.

Following the incident, the Environment Agency ordered the company to remove around 3.5 tonnes of the most contaminated soil. The removal reduced the ongoing effects of the spillage and the risk of fuel seeping into groundwater.

An agency spokesperson said: “J. Gilder Earthmoving and Aggregates 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.

“Where we find evidence of illegal polluting activity, we will not hesitate to take enforcement action.”

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