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Failing to remove controlled waste means fine for Dunipace man

EXT01 – D01

Failure to comply with a Notice served by Scotland's environment watchdog to remove controlled waste resulted in a fine of £800 for a Dunipace man on Wednesday 17 February.  

Mr David Graham pled guilty at Falkirk Sheriff Court to failing to comply with the Notice, which required the removal of controlled waste from the site at Doghillock Quarry. The waste included tyres, large trees, tree cuttings, turf, soils, a traffic cone, stones, bricks, concrete, road planings, wood, chipboard, pallets, plasterboard, striplight fittings, insulating material and builders' sacking. The Notice was served by the Scottish Environment Protection Agency (SEPA) and a report sent to the Procurator Fiscal when it was not complied with.

Following a complaint, SEPA officers visited Mr Graham in November 2008 and noted the types of waste on the site. A letter from SEPA was sent concerning the controlled waste on the site and stating that SEPA would consider further enforcement action if the waste was not removed. Mr Graham was asked to respond to the letter within seven days, but didn't.

Further visits in January and March 2009 confirmed that the waste had not been removed and in March a Notice was served on Mr Graham requiring the removal of the waste detailed in the notice by 24 April 2009. A visit to the site on 27 April showed that although some of the controlled waste had been removed, the majority remained on site and therefore the Notice had not been complied with.

Susan Shirley, SEPA's investigating officer, said:

"SEPA officers explained to Mr Graham why it was unacceptable to keep controlled waste on this site and he was given numerous opportunities to remove it. This court action would have been avoided had he complied with the Notice issued by SEPA."

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 wilful 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 editors

On 27 April 2009 at Doghillock Quarry, Dunipace, by Denny, you David Graham being the occupier of said land, did without reasonable excuse fail to comply with the requirements imposed under Section 59(1) (a) of the aftermentioned Act in that you did fail to remove controlled waste including tyres, large trees, tree cuttings, turf, soils, traffic cone, stones, bricks, concrete, bricks road plannings, wood, chipboard, pallets, plasterboard, striplight fittings, insulating material, builders sacking having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 24 March 2009; CONTRARY to the Environmental Protection Act 1990, Section 59(1) (a) and Section 59(5).