After a two and a half day trial at Jedburgh Sheriff Court, on 6 November 2001 Samantha Millar, trading as Key Waste Management Services of Kelso, pled guilty to a charge under section 34 of the Environmental Protection Act 1990 that on 9 November 1999, in her capacity as a person who carries, keeps or disposes of controlled waste, she failed to take reasonable measures to prevent other persons contravening that Act, through failing to prevent construction waste being disposed of at Caldronbrae Farm, Stichill, Kelso by a lorry controlled or used by her.

This offence involves a failure to comply with the Duty of Care that applies to those involved in waste management activities.

Mrs Millar was fined £1,500. The case had been reported to the Procurator Fiscal by the Scottish Environment Protection Agency.

In passing sentence, the Sheriff noted that Samantha Millar had effectively been a figurehead only in the business, and that the evidence showed that the legislation has been sought to be interpreted by those involved with her firm in a wilfully wrong way. The Sheriff said that: “effectively a skip had been driven through the legislation.”

Allan Virtue, Team Leader for the SEPA Environmental Regulation and Improvement Team in the Scottish Borders stated that: "This case sends a clear message to all those involved in the production, transfer and disposal of waste that SEPA will not hesitate to enforce waste management legislation, including that relating to the Duty of Care, where appropriate. It is important to realise that the Duty of Care extends to all producers of controlled waste and requires them to: keep the waste secure, check that the person collecting the waste has the appropriate authority, and accurately describe the transfer in writing."

ENDS