Scotland’s environmental regulator is warning that illegally burning waste could result in financial consequences after serving a £600 civil penalty on a company which operates a hotel and restaurant lodges in Crianlarich.
Crianlarich Ben More Limited, which operates Ben More Lodge Hotel and Restaurant, was served the Fixed Monetary Penalty (FMP) by the Scottish Environment Protection Agency (SEPA) after the regulator found that they burned waste at the hotel in Crianlarich. There was no authorisation permitting disposal of waste by burning at the location.
SEPA received a report of burning and two officers attended to investigate on the 16th June 2023. They met an individual, later confirmed as a Director of Crianlarich Ben More Limited, who advised that they had had fires over the previous week and showed the officers a burned area containing burned wood and brush, with small amounts of metal, chipboard and nails amongst the ashes.
While onsite, the officers found another area with items of burned or partially burned controlled waste. These included burnt mattress springs, insulation, carpet, under-carpet, treated wood, plastic bottles, paint tins, metal items, glass, ceramics and chipboard.
SEPA said it was satisfied that Crianlarich Ben More Limited 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. Burning releases harmful gases when inappropriate waste. In addition, 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. 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 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.”
