Dumfries and Galloway man fined for keeping waste
illegally
18 May 2010
Ignoring repeated warnings to remove waste deposited in
Kirkconnel has landed a Dumfries and Galloway man with a £1,600
fine.
Mr Moses Kungu was found guilty, on 8 December 2009, of keeping
controlled waste without a waste management licence. Sentence was
deferred until 19 May 2010.
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 soil, stones, concrete, wire, metal,
bricks, felt, slates, tiles, plastic, foam, ceramics and wood.
Following this visit two warning letters and a formal notice were
sent to Mr Kungu requiring the waste be removed. Further site
visits showed that the controlled waste was not removed.
Following a letter from Mr Kungu stating that the waste had been
cleared, SEPA officers again returned to the site. On arrival it
was clear that the waste had still not been cleared. 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 from 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, 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 charges Moses Kungu was found guilty of were:
Between 30 April 2008 and 8 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 wire,
waste metal, waste bricks, waste felt, waste slates, waste tiles,
waste plastic, waste foam, waste ceramics 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; - FINED
£800
CONTRARY to the Environmental Protection Act 1990, Section
33(1b)(b) (i) as amended.
On 8 August 2008 at 42 Main Street, Kirkconnel DG4 6NB, you Mr
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 2 July 2008;
CONTRARY to the Environmental Protection Act 1990, Section
59(1a)(a) and 59(5) as amended. – FINED £800