Greenock business owner fined for keeping waste motor vehicles

15 December 2010

EXT01 – D01

Refusing to follow legislation designed to protect the environment from pollution has landed the operator of a Greenock motor vehicle repair business with a £1,125 fine.

Mr James Neil, trading as Westburn Autos, pled guilty at Greenock Sheriff Court yesterday (14 December) to keeping controlled waste, namely waste motor vehicles, without a waste management licence.

Following a complaint about activities at the site received in April 2009, SEPA officers visited and identified a number of waste motor vehicles and associated waste vehicle parts being stored at the site.  After a discussion with Mr Neil it was established that the vehicles were to be fully or partially de-polluted and dismantled on site.

In the course of the discussion it was explained that the activities being carried out on site required to be licensed under the Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994. No such licence was registered for the site. 

It was explained to Mr Neil, in writing, that if these activities were to continue at the site a Waste Management Licence should be applied for. The letter included the appropriate forms and also stated that if a licence application was not to be submitted SEPA should be informed, in writing, and steps would then have to be taken to remove the controlled waste from the site. However no response was received and further site visits showed a number of waste motor vehicles still present on site, together with motor vehicle parts and tyres.

Colin Morrow, one of SEPA’s investigating officers, said:

“James Neil was given ample opportunity to apply for a waste management licence to allow him to keep waste motor vehicles at his site. We tried to help and explained to him how to bring the site into compliance with the relevant legislation, including informal verbal advice, advisory letters, a formal warning letter and a statutory notice, but he did not cooperate.

“As Mr Neil was running Westburn Autos as an unlicensed site he was able to undercut legitimate businesses that did hold a waste management licence and paid ongoing subsistence fees. The activities on this site demonstrate that he showed a blatant disregard for the regulations, which are designed to prevent pollution of the environment.”

SEPA continues to tackle the issue of unlicensed waste activities and is currently running a targeted campaign, Operation Willow, which focuses on operators that carry out dismantling and de-pollution of End of Life Vehicles without the appropriate licensing in place.

Ian Buchanan, Operation Willow team leader said:

“We want to help people avoid pollution of the environment, and we work with operators to ensure they know what their responsibilities are. However, if you are knowingly running a site without the necessary licensing and environmental protection measures in place, SEPA will use its enforcement powers to protect the environment and ensure legitimate operators are not disadvantaged.”

Ends

Notes to editors

The exact charge James Neil, trading as Westburn Autos, pled guilty to was:

On or between 1 May 2009 and 8 December 2009 both dates inclusive at Unit 1, 11 Dellingburn Street, Greenock, Renfrewshire, PA15 4RN you MR JAMES NEIL trading as Westburn Autos did keep controlled waste, namely waste motor vehicles, waste motor vehicle parts and waste tyres in or on said land other than in accordance with a waste management licence in that you did keep said wastes on said land without a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i)