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Illegal Aberdeenshire waste site prosecution results in multiple penalties

Derek McAllister, who had previously pled guilty at Aberdeen Sheriff Court, was given the penalties for keeping controlled waste without the required authorisation and disposing of controlled waste by burning between 2020 and 2022 at the site in Den Quarry, Potterton.

Mr McAllister also pled guilty to a further offence, of failing to remove waste from the site as required by a Statutory Notice served by the Scottish Environment Protection Agency (SEPA) and was admonished for that offence. A Confiscation Order of £3,000 was imposed on 9th January 2025 under the Proceeds of Crime Act 2002 (POCA). POCA recovers the financial benefit made by those undertaking criminal activity - including environmental offences such as the unauthorised deposit, keeping, treatment or disposal of waste.

Many local residents living in the vicinity of the site complained over a two-year period regarding the deposit and burning of waste and the impact it was having on the local community. The matter was investigated by SEPA officers, including those from SEPA’s dedicated Enforcement function, and a report sent to the Procurator Fiscal recommending prosecution.

Another individual was also fined £240 on 28th November 2023 for disposing of controlled waste by burning at the site. C and K Removals Limited was charged with depositing waste at the site, despite there being no authorisation in place for the company to do so. The company pled guilty in October 2023 and was admonished.

Police Scotland and the Scottish Fire and Rescue Service were called out on multiple occasions even after SEPA officers had made it clear that the burning of waste at the site was unauthorised and unacceptable.

John Higgins, SEPA Senior Manager in Enforcement Operations, 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. In this case it also caused a nuisance to communities living and working nearby and also resulted in the need for emergency services to attend, on multiple occasions, which diverted them from other essential duties.

“While a significant proportion of waste brought to site has been either burned illegally or removed, some waste materials remain on site.

“This type of case also demonstrates the duty of care we all have when it comes to waste disposal. Householders could inadvertently give their waste to people who do not dispose of it appropriately. In this instance, individuals engaged the services of C and K Removals Limited and paid the company to take their waste away. Instead of it being taken to a licenced site, it was illegally deposited at the Potterton site.

“Our advice to householders is to always ask for the waste carrier number for anyone you are thinking of using to remove your waste – if they won’t provide it, don’t give them any waste. Don’t be tempted by adverts on social media for quick, cheap, same day services without making sure they are legitimate waste operators. You can check with SEPA that a company is registered as a waste carrier – and make sure you find out the named site they plan to take it to. If you are suspicious or something doesn’t seem right, contact SEPA via our pollution hotline number or use our online reporting form.”

Illegal waste deposits and disposal

In 2020 SEPA began receiving complaints about waste being brought onto the site and burned. There is no waste management licence in place for the deposit, keeping or disposal of controlled waste at the site.

While on site, SEPA officers noted a range of controlled waste, including construction and demolition waste, furniture, carpets, gas canisters, waste electrical and electronic equipment, white goods and waste vehicles. The officers also noted evidence of burning of mattresses, carpets, wood, household, building and garden waste.

A Statutory Notice was served in 2021 requiring Mr McAllister to remove all unauthorised controlled waste from the land by 2 February 2022. The waste was not removed by this deadline and so the Notice was not complied with.

Large numbers of complaints from members of the public were received on an ongoing basis by both SEPA and Aberdeenshire Council, related to both the waste on site and the burning. Police Scotland and the Scottish Fire and Rescue Service attended the site on multiple occasions due to concerns around fires.

During SEPA’s investigation into the source of the unauthorised waste deposits at the site, C and K Removals Limited was identified as being responsible for depositing cardboard boxes, wood and general household waste.

SEPA worked with multiple partners including Police Scotland, Scottish Fire and Rescue Service and Aberdeenshire Council to disrupt and investigate the illegal activity at the Potterton site.

Notes to Editor

The exact charges that each accused pled guilty to are as follows:

Derek McAllister

Between 25th August 2020 and 4th February 2022 both dates inclusive at Den Quarry, Potterton, Aberdeenshire you Derek MCALLISTER did keep controlled waste, namely construction and demolition waste, bricks, plasterboard rubble, black bags, a wheelbarrow, a tyre, gas cylinders, asbestos sheeting, furniture, a gate, soil, the body of van containing tyres, car seats, fabric and a heater, a vehicle, waste electrical and electronic equipment, white goods, carpets, gas canisters, bins, mattresses, bed bases and bathtub on or in said land otherwise than in accordance with a waste management licence in that said waste was present on said land when no waste management licence was in force to authorise the said keeping

And Between 25th March 2021 and 5th November 2021 both dates inclusive at Den Quarry, Potterton, Aberdeenshire, you Derek MCALLISTER did dispose of controlled waste, namely mattresses, carpets, wood, household, building and garden waste in or on the said land otherwise than in accordance with a waste management licence in that you did burn said waste there when no authorisation was in place to authorise such disposal; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i) and (6)

On 3 February 2022 at Den Quarry, Potterton, Aberdeenshire, you Derek MCALLISTER, being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the after mentioned Act in that you failed to remove from said land all controlled waste deposited there, including ash, building/construction material (including asbestos boards), cardboard, children’s toys, demolition waste, doors/window frames, gas canisters, rubble, soil, stones, tyres, vehicle parts and white goods, having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 8 December 2021; CONTRARY to the Environmental Protection Act 1990, Section 59(1)(a) and Section 59(5)

C and K Removals Ltd

Between 7 April 2021 to 30 September 2021 both dates inclusive in or on land at Den Quarry, Potterton, Aberdeenshire you C AND K REMOVALS LIMITED did deposit controlled waste, namely cardboard boxes and wood, on or in said land without the authority of a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(a) & (6)