Scotland’s environmental regulator is warning that illegally burning waste may lead to monetary penalties after serving a £600 civil penalty on an organization which operates a resort and restaurant lodges in Crianlarich.
Crianlarich Ben Extra Restricted, which operates Ben Extra Lodge Resort and Restaurant, was served the Mounted Financial Penalty (FMP) by the Scottish Surroundings Safety Company (SEPA) after the regulator discovered that they burned waste on the resort in Crianlarich. There was no authorisation allowing disposal of waste by burning on the location.
SEPA obtained a report of burning and two officers attended to analyze on the sixteenth June 2023. They met a person, later confirmed as a Director of Crianlarich Ben Extra Restricted, who suggested that that they had had fires over the earlier week and confirmed the officers a burned space containing burned wooden and brush, with small quantities of steel, chipboard and nails amongst the ashes.
Whereas onsite, the officers discovered one other space with objects of burned or partially burned managed waste. These included burnt mattress springs, insulation, carpet, under-carpet, handled wooden, plastic bottles, paint tins, steel objects, glass, ceramics and chipboard.
SEPA mentioned it was glad that Crianlarich Ben Extra Restricted disposed of managed waste by burning and an FMP is suitable on this case.
Calum McGregor, of SEPA’s Environmental Crime Crew mentioned:
“Illegally burning waste is unacceptable, and infrequently performed to keep away from the fees for taking wastes to permitted waste websites for restoration or disposal. Burning releases dangerous gases when inappropriate waste. As well as, any ash and waste which is left behind also can pollute floor 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 says it may possibly subject FMPs for related offences – they don’t seem to be out there 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.”
