West Lothian businessman given £600 penalty for burning waste
Date published: 06 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 West Lothian owner of an electronics company.
Connor Adams, trading as M-Tech, was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found waste was burned at The Old Yard in Armadale. There was no authorisation permitting burning at the location.
SEPA received a report of burning at the Old Yard on 16 October 2023, which also indicated that sporadic burning had been undertaken at this location over the past year.
When officers attended the site to investigate, they found an area of land which had been used for burning waste. They identified waste including a plastic oil container, oil filters, polystyrene, plastic car parts, windscreen wipers and plastic bags within the ash of the area of the burned ground.
During the site visit they were told by witnesses that M-Tech is owned by Connor Adams and this type of activity had been undertaken since they started to occupy the site.
SEPA is satisfied that Connor Adams, trading as M-Tech, 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. 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 Connor Adams, trading as M-Tech, disposed of controlled waste on land without the authority of a waste management licence 16 October 2023 and at the Old Yard, Armadale. This is contrary to the Environmental Protection Act 1990, Section 33(1)(a), which states that, “a person shall not dispose of controlled waste on any land except under and in accordance with a waste management licence”. It is an offence under Section 33(6) of the Environmental Protection Act 1990 to contravene Section 33(1)(a).
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.
TheLord 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.