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Glasgow man issued £3,277 civil penalty for fly tipping

The Variable Monetary Penalty (VMP) was issued by the Scottish Environment Protection Agency (SEPA) to Habib Safi following an investigation by SEPA officers into the deposit of controlled waste. He was also required to pay SEPA costs of £983.10.   

SEPA was initially contacted by Glasgow City Council, following a report of fly tipping in Kingarth Lane in July 2023. Two males had been seen with a white Ford transit van - one was at the open rear doors while the other appeared to be acting as a lookout. When they became aware of a witness, they closed the doors and drove off. Once the vehicle left, the witness could see black bags piled up where it had been stopped.  

Waste included plastic bags and receipts from a local business, vegetable ghee containers, glass, light fittings, multiple bags containing clothes, plastic containers/storage boxes, a wooden drawer, cardboard, kitchen cooking equipment and blue kitchen roll. SEPA’s investigations confirmed that the bags contained controlled waste and that there was no authorisation in place that would allow waste to be deposited in this location. 

Enquiries with the DVLA confirmed that Mr Habib Safi was the owner and registered keeper of the van seen in Kingarth Lane. He was invited to an interview under caution by SEPA officers in February 2024 but did not respond. 

George Hope, Unit Manager in SEPA’s Enforcement Support team, said: 

“Fly tipping is not just an eyesore: it can cause serious harm to our environment, wildlife and communities. It places an unnecessary burden on landowners, councils and taxpayers – diverting money and resources that could be better used elsewhere, to clear it up.  

“SEPA is committed to tackling this issue. As outlined in the Scottish Government’s National Litter and Flytipping Strategy, collaboration across agencies is essential. By working more closely with local authorities, like Glasgow City Council, we can strengthen enforcement efforts, hold offenders accountable and better protect Scotland’s environment and communities from the selfish and criminal behaviour of those who fly tip waste.   

“SEPA’s ability to issue VMPs is a significant addition to enforcement against fly tippers in Scotland. We will work with our local authority partners, who are the first port of call for fly tipping reports, to identify suspects and exercise our power to issue VMPs. We hope the penalty imposed on Mr Habib, plus payment of SEPA’s costs, demonstrates our commitment to taking enforcement action – and acts as a deterrent to others.”    

Councillor Ruairi Kelly, City Convener for Housing and Development. 

“We are very pleased to have worked with SEPA to ensure this unscrupulous fly-tipper faces the consequences of his actions. 

“This part of Govanhill has been repeatedly targeted by fly-tippers, but this case shows where there is evidence of illegal dumping, enforcement action will be taken against those responsible. 

“This shows the benefits of working with SEPA as they have different powers and the ability to serve higher penalties. We are very grateful for SEPA’s support on this matter but also for the response from local residents, who played a crucial role in identifying the person responsible. 

“This civil penalty should serve as a warning that communities are fed-up of the environmental crimes committed by fly-tippers and that agencies will work together to bring them to account.” 

Civil Penalties

VMPs are discretionary financial penalties which SEPA can impose for a relevant offence following an appropriate investigation. They sit alongside other enforcement tools available to SEPA staff, including advice and guidance, final warning letters, statutory enforcement notices, other civil penalties, including Fixed Monetary Penalties (FMPs) and reports to the Procurator Fiscal.  

SEPA have determined that the amount of the variable monetary penalty is £3,277 for this offence.   

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 and/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 are satisfied that on 19 July 2023, Habib Safi, knowingly caused controlled waste to be deposited on land at Kingarth Lane, Bowman Street, Glasgow G42 8LE without the authority of a waste management licence in that controlled waste was carried in and deposited from a motor vehicle, and Habib Safi was the person who controlled the vehicle or was in a position to control the use of the vehicle, whether or not he gave instructions for this to be done. 

Variable Monetary Penalties (VMPs) cover a wide range of environmental offences, including offences under The Environmental Protection Act 1990, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and the Pollution, Prevention and Control (Scotland) Regulations 2012.  

Information on Variable Monetary Penalties imposed is available on SEPA’s website at Penalties imposed and undertakings accepted, along with details of Fixed Monetary Penalties (FMPs) and Enforcement Undertakings accepted.  

Information on how a VMP is calculated is available on SEPA’s website.