J. Gilder Earthmoving and Aggregates Ltd has been fined £12,000 after red diesel was deliberately emptied onto the ground at its Gloucestershire waste site during an HMRC inspection.
The company, which operated a yard at Lower Slaughter, was sentenced at Gloucester Crown Court on 5 October 2026. It had previously pleaded guilty to unlawfully discharging red diesel onto the ground on or before 17 November 2022. The Environment Agency announced the sentence on 26 October 2026.
What happened during the HMRC inspection?
HM Revenue & Customs officers made an unannounced visit to the site on 17 November 2022 to investigate whether red diesel was being used unlawfully. Although the site was open and company director Joseph Gilder was present, inspectors were not initially admitted.
According to the Environment Agency, while the officers were kept waiting, either the director or someone acting on the company’s behalf emptied red diesel from a scalping screener, a machine used to separate bulky construction waste. The agency said this was done to prevent HMRC detecting the fuel.
After a delay of more than two hours, the inspectors entered and found two large puddles of diesel on the ground. HMRC notified the Environment Agency, which later took soil samples.
What did the court order?
The company was ordered to pay a total of £47,610.06, made up of:
- A £12,000 fine
- £33,610.06 in costs
- A £2,000 statutory surcharge
The £47,610.06 total is not a £47,610.06 fine. HMRC separately penalised the company for unlawful use of red diesel, but the Environment Agency did not specify the amount of that penalty.
Sentencing the company, Judge Rupert Lowe described the offence as a deliberate attempt to get around the law. The company had already admitted the environmental offence before sentencing.
Contaminated soil removed
The Environment Agency said the company removed around 3.5 tonnes of the most contaminated soil from the site following its intervention. The work reduced the continuing effects of the spill and the risk of diesel seeping into groundwater.
The agency did not say that groundwater contamination had been established. Its statement concerns the discharge onto the ground and the action taken to reduce further risk.
Why was red diesel being investigated?
Red diesel is fuel marked with dye and taxed at a reduced rate for certain permitted uses. From 1 April 2022, the government restricted its use in many industries, including waste management and construction, while retaining specified exemptions. Red diesel is not banned in every circumstance.
HMRC’s inspection concerned unlawful fuel use. The Environment Agency’s prosecution concerned the separate environmental offence of discharging fuel onto land.
