Perthshire farm partnership given £600 penalty for burning waste
Date published: 05 November 2024
Scotland’s environmental regulator is warning that illegally burning waste could result in financial consequences after serving a £600 civil penalty on a Perthshire farm partnership.
The Firm of S & W Livingston & Co was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they burned waste at a location in Perthshire. There was no authorisation in place permitting the disposal of waste by burning.
On 19 May 2023, two SEPA officers attended the site to investigate a report of burning. They met a partner of the Firm of S & W Livingston & Co who advised that he had set a fire the day before with some waste from the farm.
The officers were able to identify items of burned or partially burned controlled wastes including plastics, treated wood, various metal items (including what appeared to be trailing farm equipment), cardboard, nails, two tyres with visible wire and carpet.
SEPA is satisfied that The Firm of S & W Livingston & Co disposed of controlled waste by burning without authorisation 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. When inappropriate waste is burned it can release harmful gases and 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.”
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 The Firm of S & W Livingston & Co disposed of controlled waste on land without the authority of a waste management licence on the 18th May 2023 at a location in Perthshire in that the partnership disposed of controlled waste by burning without the authority of a waste management licence contrary to the Environmental Protection Act 1990, Section 33(1)(b)(i).
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.