Airdrie company director given £9,000 fine for waste offences

11 May 2010

Scotland's environment watchdog is reminding companies dealing with waste that they must ensure they follow the terms of their licences and registered exemptions. The warning comes after an Airdrie company director was today (11 May) fined £9,000 for the deposit of controlled waste on his site.

John Higgins, director of J H Civil Engineering Ltd, pled guilty to knowingly causing or knowingly permitting controlled waste to be deposited at Broadlees Industrial Estate, Carlisle Road, Chapelhall, without the authority of a waste management licence. This included waste soils and subsoils, brick, rubble, stone, wood, plastic, metals, glass, cardboard, gas bottles, motor vehicles and parts, oil, steel drums, window frames and other mixed wastes. The matter was investigated by the Scottish Environment Protection Agency (SEPA) and reported to the Procurator Fiscal.

In July 2007 SEPA officers carried out an inspection of the site to determine if a registered waste exemption for the site should be renewed. The officers found that as well as soil, stones and road planings, which would be allowed under the exemption, other mixed wastes including wood and metals were also being stored.  A letter was sent to the company advising it to remove the non-compliant waste to an appropriately licensed site for disposal.

A waste transfer note was produced by the company to indicate that the unacceptable waste had been removed. However, subsequent inspections found a large volume of waste still present on the site not covered by the exemption.

In January 2008 SEPA informed the company that the waste exemption would be removed with effect from 3 March 2008. Several follow-up inspections showed that although some waste had been removed, soils, road planings and stone remained, along with plastic, wood, metal drums and other mixed demolition waste.

Stuart Peat, SEPA's investigating officer, said:

"The storage of controlled waste in an area of land without a sealed surface has the potential to cause contamination of ground and water surfaces. The waste was stored in an open yard which is not only an eyesore but can also attract other waste to be fly-tipped. The company was given advice and guidance by officers to bring the site in line with the regulations but this was not done."

Colin Bayes, SEPA's 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 wilful or negligent actions, SEPA will use its enforcement powers to protect the environment for the benefit of all of Scotland's citizens.

"Importantly, 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 John Higgins pled guilty to was:

Between 10 July 2007 and 21 November 2008 in or on land at Broadlees Industrial Estate, Carlisle Road, Chapelhall, Airdrie you JOHN HIGGINS BEING A DIRECTOR OF THE COMPANY J H CIVIL ENGINEERING LIMITED did knowingly cause to be deposited/knowingly permit to be deposited controlled waste, namely all controlled waste including that consisting of waste soils and subsoils, waste brick, waste rubble, waste stone, waste wood, waste plastic, waste metals, waste glass, waste cardboard, waste gas bottles, waste motor vehicles and parts, waste oil, waste steel drums, waste window frames and other mixed wastes on or in said land without the authority of a waste management licence;

CONTRARY to the Environmental Protection Act, Section 33(1)(a) as amended