Today at 8:30 PM • Updated today at 9:01 PM
A sky-high penalty of up to 1 million. Metal trader Gerrits Recycling from Helmond appealed to the court in Den Bosch, but the judge found the penalty reasonable and the province was allowed to impose it. Reason: failure to remove ‘shredder residue’ in time after two fires last year.
Shredder residue is waste that remains after shredding, for example, car wrecks. Gerrits had 5,700 tons of it, something that the company said was allowed by the permit.
But the province wanted the party gone, even before the fires. After the fires, the province was afraid of environmental damage and risks for the surrounding area and the party had to leave quickly. When the company did not meet those requirements, the province came up with the penalty.
Gerrits thought it was unreasonable, even ‘draconian’. The company went to court. But the province now agrees on this point. Although the company had a permit to have the material, it did not have a permit for the adverse consequences for the living environment if a fire or scalding occurred, the province found. The court finds it right that the province now wants to enforce this.
“The company should have reserved resources.”
According to the province, the fires and extinguishing have caused harmful emissions to the air, water and soil. The company also experienced a fire at another location, according to the province.
And so Gerrits could have known that there would be adverse consequences. Gerrits was the owner of the AVI company in Den Bosch. A major fire also broke out there in 2021. The company has now been sold.
The storage of the shredder residue has become a major risk to the environment, the court also believes. And had to be removed as soon as possible. But that removal is very expensive and, according to Gerrits, the receiving companies could not handle the lot.
But the court dismisses that. The company should have ‘reserved the resources for this’. And there are plenty of companies that could process the batch, the court finds.
“The amount of the penalty is reasonable.”
The court also finds the amount of the penalty reasonable. The company says that the penalty will cause serious financial problems, but the judge has no interest in that.
The province has linked the amount of the penalty to the costs of removing the waste, which is more than 8 tonnes. This is to prevent the company from benefiting if it leaves the lot behind. The judge also says that this is a violation with serious consequences for the environment.
The Gerrits Recycling company has announced that it will appeal to the Council of State. The company would not comment further. It is still unclear whether the province will actually impose the penalty.
View images of the fire in March 2025 here: