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Dumfries and Galloway man charged for keeping waste illegally

EXT01 – D01

8 December 2009

Ignoring repeated warnings to remove waste deposited next to a house in Kirkconnel has led to a Dumfries and Galloway man being found guilty at Dumfries Sheriff Court on Tuesday 8 December. Sentence has been deferred until 9 February 2010 in order to allow officers from the Scottish Environment Protection Agency (SEPA) to check that the waste has been removed and for further liaison to take place.

Mr Moses Kungu was found guilty of keeping controlled waste without a waste management licence and of failing to comply with an enforcement notice to remove the waste. The waste included soil, stones, concrete, bricks, slates, tiles, plastic and wood. SEPA investigated the site and reported the matter to the Procurator Fiscal.

Following complaints received in April 2008 from Dumfries and Galloway Council regarding unauthorised deposits of waste on land at 42 Main Street, Kirkconnel, SEPA officers visited the site to investigate. They found waste bricks, tiles, soil, wood, plastics and stones. Following this meeting a warning letter was sent to Mr Kungu asking for the waste to be removed by 30 April 2008 and this was followed up by a site visit to check whether the letter had been complied with.  Although it was difficult to tell if any waste had been removed, it was clear that additional waste had been deposited since the visit undertaken at the beginning of the month. 

A final warning letter was sent to 6 May 2008 asking for the waste to be removed within 14 days. A further inspection in June showed that some additional waste had been deposited and some waste had been moved around on site and the terms of the final warning letter had therefore not been complied with. A Notice was then served requiring the waste to be removed by 7 August. An inspection in August confirmed that although some further waste had been removed, some more waste had also been brought onto the site.

Later the same month, following a letter from Mr Kungu stating that the waste had been cleared, SEPA officers again returned. On arrival it was clear that the waste had not been cleared and officers noted a range of wastes on site. A final visit on 8 September 2008 saw waste still present on site and therefore SEPA reported the matter to the Procurator Fiscal.

Jennifer Millar, SEPA's reporting officer, said:

"SEPA communicated regularly with Mr Kungu since April 2008 and encouraged him to remove the deposited waste and come into compliance with waste legislation. He was repeatedly offered advice and guidance regarding waste disposal options available to him but continued to deposit and store waste on his land."

"The site is immediately adjacent to a busy public car park in the middle of Kirkconnel and is easily accessible by members of the public. The site has been the subject of public complaints in the area and given the fact the site is so open to the public there is concern that this site could become an established fly-tipping area." 

SEPA's Colin Bayes, Director of Environmental Protection and Improvement said

"We want to help people avoid pollution and advice on how to do that is easily available from our staff, offices and www.sepa.org.uk. The NetRegs website, www.netregs.gov.uk , also offers clear guidance on environmental rules and regulations. However, where pollution is significant or persistent, or is as a result of willful or negligent actions, SEPA will use its enforcement powers to protect the environment for the benefit of all of Scotland's citizens.

"However, if a pollution incident occurs, we urge anyone to let us know straight away by calling our 24 hour pollution report line, 0800 80 70 60, giving as many details as possible so effective action can be taken."

Ends

Notes to editor

The exact charge Moses Kungu was found guilty of was:

(001) On 08 August 2008 at 42 Main Street, Kirkconnel DG4 6NB, you MOSES OKWANYA KUNGU being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the aftermentioned Act in that you failed to remove controlled waste, namely waste soil, waste stones, waste concrete, waste wire, waste metal, waste bricks, waste felt, waste slates, waste tiles, waste plastic, waste foam, waste ceramics, waste polystyrene and waste wood situated on said land having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 02/07/2008;CONTRARY to the Environmental Protection Act 1990, Section 59(1)(a) and 59(5) as amended.

(002) on 30 April 2008 and 08 September 2008 at 42 Main Street, Kirkconnel, DG4 6NB, you MOSES OKWANYA KUNGU did keep controlled waste namely waste soil, waste stones, waste concrete, waste bricks, waste slates, waste tiles, waste plastic and waste wood in or on said land otherwise than in accordance with a waste management licence in that you kept said wastes on said land when no waste management licence authorising same was in force; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)