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Crianlarich Ben More Limited given £600 penalty for burning waste

Crianlarich Ben More Limited, which operates Ben More Lodge Hotel and Restaurant, was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they burned waste at the hotel in Crianlarich. There was no authorisation permitting disposal of waste by burning at the location. 

SEPA received a report of burning and two officers attended to investigate on the 16th June 2023. They met an individual, later confirmed as a Director of Crianlarich Ben More Limited, who advised that they had had fires over the previous week and showed the officers a burned area containing burned wood and brush, with small amounts of metal, chipboard and nails amongst the ashes.  

While onsite, the officers found another area with items of burned or partially burned controlled waste. These included burnt mattress springs, insulation, carpet, under-carpet, treated wood, plastic bottles, paint tins, metal items, glass, ceramics and chipboard.  

SEPA is satisfied that Crianlarich Ben More Limited disposed of controlled waste by burning and an FMP is appropriate in this case.  

Calum McGregor, of SEPA’s Environmental Crime Team said: 

“Illegally burning waste is unacceptable, and often done to avoid the charges for taking wastes to permitted waste sites for recovery or disposal. Burning releases harmful gases when inappropriate waste. In addition, any ash and waste which is left behind can also pollute surface and groundwater.  

“This civil penalty should act as a warning to others that we will take action against those who ignore Scotland’s environmental regulations. I would urge anyone disposing of waste to treat burning as a last option, and to ensure that they check what authorisations would be required. If you’re not sure get in touch with us, we’re happy to provide advice and guidance. I want to be very clear that those who seek to do the right thing will find a helpful and supportive regulator. If you deliberately do the wrong thing, we will take appropriate enforcement action.” 

Civil penalties

SEPA can issue FMPs for relevant offences - 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 Editors

• SEPA is satisfied that Crianlarich Ben More Limited disposed of controlled waste on land without the authority of a waste management licence on dates unknown at Ben More Lodge Hotel and Restaurant, Crianlarich in that the company disposed of controlled waste by burning without the authority of a waste management licence contrary to Section 33(1)(b)(i) of the Environmental Protection Act 1990.
• 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.