Illegally disposing of waste results in fine for Aberdeenshire businessman

EXT01 – D01

An Aberdeenshire businessman was fined £900 at Banff Sheriff Court yesterday (11 January 2010) after being found guilty of offences relating to the illegal disposal of waste on land in Turriff.

Adrian Walker was Director of Trux+ Limited, a Turriff based vegetable processing company which is now in liquidation. He was found guilty of illegally depositing and burning waste, including vegetables and packaging, on land at Hospital Wood, Auchterless, Turriff. The matter was investigated by the Scottish Environment Protection Agency (SEPA) and reported to the Procurator Fiscal.

During a routine SEPA inspection of Trux+ Ltd's property in November 2007, SEPA officers discovered packing boxes, vehicle parts, insulation panels and furniture on the site, as well as large deposits of rotting potatoes, paper and wood waste. There was evidence on site of a large fire and pools of surface water contaminated by vegetable waste contained gas bubbles produced by the decomposing waste.

Further visits between November 2007 and February 2008 showed that the company continued their unlicensed waste disposal operations on the site and SEPA officers witnessed more evidence of fires and large areas of ground covered with rotting vegetables. Officers repeatedly informed the company that it was not appropriate to deal with rubbish in this way and provided advice on how it could be handled, but when officers attended the site again in June, following reports of large fires from members of the public, it was clear that a large amount of packing boxes had been burnt.

Thomas McLeman, SEPA's investigating officer, said: "Mr Walker and the company were repeatedly told by officers that these activities were not permitted, but the practices continued. Decomposing vegetable matter produces leachate which can leak into groundwater and watercourses, and gases which enter the atmosphere and cause unpleasant odours. Burning plastics is recognised as causing noxious fumes which would undoubtedly have resulted in a discharge of atmospheric pollutants to the air.

"Essentially the company was running an unregulated landfill operation and has unfairly benefited financially by doing so, as competitors will have had to pay to transport their waste to a permitted landfill site and to dispose of it there."

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 willful 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 editors

The exact wording of the charges which Adrian Walker was found guilty of were:

·  Between 01 November 2007 and 29 February 2008  in or on land at Hospital Wood, West Pitdoulzie, Auchterless, Turriff, you Adrian Paul Walker (being a Director in Trux + Ltd) did knowingly cause to be deposited/knowingly permit to be deposited controlled waste, namely, vegetables, non-segregated wood and packaging general wastes, on or in said land without the authority of a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(a) as amended.

·  On or around 1 November 2007 in or on land at Hospital Wood, West Pitdoulzie, Auchterless, Turriff, you Adrian Paul Walker (being a Director in Trux + Ltd) did knowingly cause/knowingly permit controlled waste, namely  non-segregated wood to be disposed of by way of burning in or on said land at said Hospital Wood otherwise than in accordance with a waste management licence in that said waste was disposed of by way of burning; CONTRARY to the Environmental Protection Act, Section 33(1)(b)

The Hospital Wood site has now been sold to another company, and the new owners are not connected in any way with this case