J. Gilder Earthmoving: £47,000 Red Diesel Fine for Unlawful Discharge

• J. Gilder Earthmoving and Aggregates Ltd, a Cheltenham waste operator, received an environmental penalty exceeding £47,000.
• The company was fined for unlawfully discharging red diesel onto the ground at its Lower Slaughter yard in November 2022.
• The incident occurred during an unannounced HMRC inspection, where the company attempted to obstruct officers and evade detection.
• Rupert Lowe, who was formerly a judge, condemned the act as a deliberate and blatant attempt to circumvent environmental law.
• HMRC and the Environment Agency collaborated on the investigation, leading to the removal of 3.5 tonnes of contaminated soil.

It was a deliberate and blatant attempt to get round the law and obstruct those who care for the environment.

On November 17, 2022, an unannounced inspection by His Majesty’s Revenue and Customs (HMRC) took place at the Lower Slaughter yard of J. Gilder Earthmoving and Aggregates Ltd, a waste operator based in Cheltenham. The purpose of the visit was to ascertain whether the company was still engaged in the illegal use of red diesel. Despite the site being operational and director Joseph Gilder being present, HMRC officers were initially denied entry, being kept waiting for over two hours.

During this period of obstruction, either Mr. Gilder or another individual acting on behalf of the company took deliberate action to empty red diesel from a scalping screener, a machine used for separating bulky construction waste. This act was a clear attempt to avoid detection by the visiting inspectors. Upon finally gaining access to the premises, HMRC officers discovered two substantial puddles of red diesel contaminating the ground, confirming the unlawful discharge of the fuel. The discovery immediately prompted HMRC to inform the Environment Agency, initiating a collaborative regulatory response to the environmental breach.

Following the discovery, J. Gilder Earthmoving and Aggregates Ltd faced charges related to the environmental offense of unlawfully discharging red diesel onto the ground. The company subsequently entered a guilty plea to this charge at an earlier stage of the proceedings. On October 5, 2026, the case proceeded to Gloucester Crown Court for sentencing, with director Joseph Gilder representing the company.

Rupert Lowe, who was formerly a judge, delivered a strong condemnation of the company's actions. He explicitly stated that the company had intentionally disregarded regulations concerning red diesel and then deliberately spilled the fuel. Rupert Lowe emphasized that there was no justification for the offense, declaring: "It was a deliberate and blatant attempt to get round the law and obstruct those who care for the environment." The court imposed a substantial J. Gilder Earthmoving red diesel fine and associated costs, totaling £47,610.06. This comprehensive environmental penalty included a £12,000 fine, £33,610.06 in costs, and a £2,000 statutory surcharge.

The Environment Agency played a crucial role in the aftermath of the incident, conducting a thorough investigation into the red diesel pollution. Their officers visited the site to collect soil samples, which were essential for determining the full extent of the ground contamination caused by the unlawful discharge. This collaboration between HMRC and the Environment Agency underscored a unified approach to enforcing environmental and tax regulations.

A spokesperson for the Environment Agency highlighted the severity of the company's actions, stating that J. Gilder Earthmoving & Aggregates Ltd deliberately caused pollution by pouring illegally used red diesel onto the ground. The spokesperson characterized the act as reckless, undertaken specifically to evade detection by HMRC, and reaffirmed the agency's commitment to taking enforcement action against illegal polluting activities. Furthermore, the Environment Agency ensured that approximately 3.5 tonnes of the most contaminated soil was removed from the site by the company, a critical step that mitigated the ongoing environmental impact and reduced the risk of the spillage seeping into groundwater.

Compliance officers and legal counsel for waste management or industrial operations must ensure strict adherence to waste disposal regulations, particularly for hazardous substances like fuels. This case demonstrates that deliberate attempts to evade regulatory inspections and unlawfully discharge pollutants will result in significant fines and costs, with regulators like the Environment Agency and HMRC actively collaborating on enforcement.

Source: Original reporting via GOV.UK