Construction company given £600 penalty for South Lanarkshire septic tank pollution
Date published: 14 October 2024
Scotland’s environmental regulator is reminding septic tank owners of the importance of ensuring they are checked and maintained after serving a £600 civil penalty on a construction company.
B.H.C. Limited, based in Enniskillen, was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they were responsible for an unauthorised discharge from a septic tank into the Medwin Water in South Lanarkshire.
SEPA received reports in April 2023 of an odorous, discoloured discharge to the Medwin Water in Carnwath from a pipe in the bank. When SEPA officers attended to investigate they witnessed the discharge and discolouration of the watercourse, as well as identifying the presence of sewage fungus on the bank of the Medwin Water, particularly under the outfall pipe.
The discharge was traced to a septic tank owned by B.H.C Limited located at Libberton Mains Development. Whilst the company has a licence to discharge treated sewage effluent from the outfall pipe to the Medwin Water, the release observed by SEPA officers caused pollution and was a breach of licence conditions designed to protect the water environment.
SEPA is satisfied that B.H.C. Limited was responsible for the unauthorised discharge and an FMP is appropriate in this case.
Shona McConnell, SEPA Senior Manager – Environmental Performance, said:
“Owners of septic tanks have an important responsibility to ensure their tanks are maintained and performing properly. Pollution from tanks that are discharging incorrectly pose a risk to our water environment, potentially harming important aquatic ecosystems.
“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations.”
Civil penalties
SEPA can issue FMPs for a relevant offence - they are not available for all offences. FMPs are normally appropriate where an offence has not caused environmental harm or has caused minimal environmental harm with no lasting environmental effects or impacts on communities, for administrative offences and where little (if any) financial benefit arises from the offence.
They sit alongside other enforcement tools available to SEPA staff, including advice and guidance, final warning letters, statutory enforcement notices, other civil penalties, including Variable Monetary Penalties (VMPs) and reports to the Procurator Fiscal.
SEPA’s enforcement action is designed to secure compliance with regulatory requirements, protecting and improving the environment. It aims to bring activity under regulatory control, stop offending, stop harm or reduce the risk of harm arising from non-compliance. It is also designed to ensure restoration or remediation of harm caused by regulatory non-compliance where appropriate.
Notes to editor
SEPA is satisfied that B.H.C. Limited committed a relevant offence prescribed under the Order, namely an offence under The Water Environment (Controlled Activities) (Scotland) Regulations 2011, Regulation 44(1)(d).
The level of FMPs is set out in The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 which provides SEPA with the power to issue penalties and accept undertakings for relevant environmental offences.
SEPA’s Enforcement policy and Guidance on the use of enforcement action underpins decision-making in relation to enforcement action.
The Lord Advocate’s guidelines to SEPA also supports enforcement decision making. Where SEPA is considering issuing monetary penalties or accepting a voluntary undertaking, the Guidelines provide a framework for deciding whether SEPA may take such action, or whether the case should instead be referred to the Crown Office and Procurator Fiscal Service for consideration of prosecution.
Whilst penalties are initially paid to SEPA (which also undertakes debt recovery on unpaid penalties), article 12 of the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 provides that where SEPA receives such sums, they must be paid to the Scottish Ministers. It is understood that Scottish Ministers put such sums to the Scottish Consolidated Fund.