An investigation by Scotland’s surroundings regulator into an unlawful waste web site in Aberdeenshire concluded on 3 February with a 150-hour group payback order, a £3,000 Confiscation Order and an 18-month supervision requirement served on an area man.
SEPA stated Derek McAllister, who had beforehand pled responsible at Aberdeen Sheriff Court docket, was given the penalties for preserving managed waste with out the required authorisation and disposing of managed waste by burning between 2020 and 2022 on the web site in Den Quarry, Potterton.
Mr McAllister additionally pled responsible to an extra offence, of failing to take away waste from the location as required by a Statutory Discover served by SEPA. A Confiscation Order of £3,000 was imposed on 9 January 2025 beneath the Proceeds of Crime Act 2002 (POCA). POCA recovers the monetary profit made by these enterprise legal exercise – together with environmental offences such because the unauthorised deposit, preserving, remedy or disposal of waste.
Many native residents dwelling within the neighborhood of the location complained over a two-year interval concerning the deposit and burning of waste and the impression it was having on the local people. SEPA stated the matter was investigated by its officers, together with these from SEPA’s devoted Enforcement operate, and a report despatched to the Procurator Fiscal recommending prosecution.
One other individual was fined £240 on 28 November 2023 for disposing of managed waste by burning on the web site. C and Okay Removals Restricted was charged with depositing waste on the web site, regardless of there being no authorisation in place for the corporate to take action. The corporate pled responsible in October 2023 and was admonished.
Police Scotland and the Scottish Fireplace and Rescue Service had been referred to as out on a number of events, together with after – in SEPA’s account – its officers had made it clear that the burning of waste on the web site was unauthorised and unacceptable.
John Higgins, SEPA Senior Supervisor in Enforcement Operations, stated:
“Illegally burning waste is unacceptable and infrequently performed to keep away from the costs for taking wastes to permitted waste websites for restoration or disposal. When inappropriate waste is burned it could possibly launch dangerous gases and any ash and waste which is left behind may also pollute floor and groundwater. On this case it additionally brought about a nuisance to communities dwelling and dealing close by and likewise resulted within the want for emergency providers to attend, on a number of events, which diverted them from different important duties.
“Mr McAllister has nonetheless not eliminated the waste he introduced onsite, and it continues to be uncovered to the weather.
“Any such case additionally demonstrates the responsibility of care all of us have in the case of waste disposal. House owners might inadvertently give their waste to individuals who don’t eliminate it appropriately. On this occasion, people engaged the providers of C and Okay Removals Restricted and paid the corporate to take their waste away. As an alternative of it being taken to a licenced web site, it was illegally deposited on the Potterton web site.
“Our recommendation to homeowners is to all the time ask for the waste service quantity for anybody you might be pondering of utilizing to take away your waste – in the event that they received’t present it, don’t give them any waste. Don’t be tempted by adverts on social media for fast, low-cost, similar day providers with out ensuring they’re legit waste operators. You may test with SEPA that an organization is registered as a waste service – and be sure to discover out the named web site they plan to take it to. If you’re suspicious or one thing doesn’t appear proper, contact SEPA through our air pollution hotline quantity or use our on-line reporting kind.”
Unlawful waste deposits and disposal
In 2020 SEPA started receiving complaints about waste being introduced onto the location and burned. There isn’t any waste administration licence in place for the deposit, preserving or disposal of managed waste on the web site.
Whereas on web site, SEPA officers stated they famous a spread of managed waste, together with building and demolition waste, furnishings, carpets, gasoline canisters, waste electrical and digital tools, white items and waste automobiles. The officers additionally famous proof of burning of mattresses, carpets, wooden, family, constructing and backyard waste.
A Statutory Discover was served in 2021 requiring Mr McAllister to take away all unauthorised managed waste from the land by 2 February 2022. The waste was not eliminated by this deadline and so the Discover was not complied with.
Massive numbers of complaints from members of the general public had been acquired on an ongoing foundation by each SEPA and Aberdeenshire Council, associated to each the waste on web site and the burning. Police Scotland and the Scottish Fireplace and Rescue Service attended the location on a number of events on account of considerations round fires.
Throughout SEPA’s investigation into the supply of the unauthorised waste deposits on the web site, C and Okay Removals Restricted was recognized as being accountable for depositing cardboard bins, wooden and common family waste.
SEPA labored with a number of companions together with Police Scotland, Scottish Fireplace and Rescue Service and Aberdeenshire Council to disrupt and examine the criminality on the Potterton web site.