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£600 fine for storing waste tyres

31 August 2010

Companies and individuals failing to comply with environmental legislation are being warned by Scotland's environment watchdog that illegal activities will not be tolerated, and if they to refuse to comply with the law they will have to face the financial consequences.

The warning comes after Kenneth Colbecki, former Director of Tyre Disposal Services (Scotland) Ltd, was fined £600 at Airdrie Sheriff Court yesterday (30 August). He was found guilty of keeping waste tyres at a site on Stirling Road in Airdrie without a waste management licence. The matter was investigated by the Scottish Environment Protection Agency (SEPA) and a report was submitted to the Procurator Fiscal.

SEPA officers met with Mr Colbecki on numerous occasions to explain the legislation and ensure he understood how his site could be made compliant. A waste management exemption was registered on 27 February 2008 which allowed for a maximum of 1,000 tyres to be stored at the site. However, the exemption was eventually removed on 6 September 2008 after repeated attempts by SEPA officers to get Mr Colbecki to reduce the number of tyres to this number failed.

Site visits by SEPA officers on 25 February, 12 June, 12 September and 7 October 2008 found thousands of tyres being stored at the site, either in bales or lying loose, which were far in excess of the maximum permitted by the exemption.

John Higgins, SEPA's Unit Manager in North Lanarkshire, said:

"We have spent a lot of time and effort trying to ensure Mr Colbecki understood the waste management regulations and what was required in order to ensure compliance. He was advised to either restrict the number of tyres on the site or to apply for waste management licence. However, he continually chose not to comply with the law and so recommending him for prosecution was the last option.

"Waste management licences and exemptions include controls to prevent harm to the environment and to human health  Storing tyres out with the terms of such licences and exemptions can lead to pollution of the environment, including leaching of pollutants like oil from the tyres onto the ground or into surface water. There is also a risk of fire arising from large quantities of tyres being stored."

Ends

Notes to editor

The exact charge Kenneth Colbecki was found guilty of was:

• Between 25 February 2008 and 7 October 2008 at 30 Stirling Road, Airdrie you, Kenneth Colbecki being a Director of Tyre Disposal Services (Scotland) Limited did keep controlled waste, namely waste tyres in or on said land otherwise than in accordance with a waste management licence in that you did keep in excess of 1000 waste tyres in or on said land; CONTRARY to the Environmental Protection Act 1990, Section 33(1b)(b)(i)

On 4 December 2007 at Hamilton Sheriff Court Mr Colbecki pled guilty to the following charges and was fined £1,500

• On 22 May 2006 at 3 Foundry Road, Shotts you KENNETH JOHN COLBECKI did knowingly cause controlled waste, namely waste tyres to be treated in or on said land otherwise than in accordance with a waste management licence in that you caused waste tyres to be baled on said site when no waste management licence authorising same was in force; CONTRARY to the Environmental Protection Act 1990, section 33(1b)(b)(i).
  
• On 6 July 2006 at 3 Foundry Road, Shotts you KENNETH JOHN COLBECKI 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 tyres in excess of the number 1000 situated on said land having been required to do so in a notice served on you under said section by the Scottish Environmental Protection Agency on 16 June 2006; CONTRARY to the Environmental Protection Act 1990, Section 59(1)(a) and Section 59(5).
  
• Between 29 June 2006 and 11 August 2006, both dates inclusive at 30 Stirling Road, Airdrie you KENNETH JOHN COLBECKI did keep controlled waste, namely waste tyres in or on said land otherwaise than in accordance with a waste management licence in that you kept the said waste on said land when no waste management licence authorising same was in force; CONTRARY to the Environmental Protection Act 1990, Section 33(1i).