A businessman who illegally stored waste at a site in Ayrshire has been ordered to pay £215,000 under proceeds of crime legislation.
William Boyd, 61, had previously pled guilty at Kilmarnock Sheriff Court to environmental breaches committed between 2016 and 2019 at a site on Moorpark Road East, Stevenston.
The court heard that the Scottish Environmental Protection Agency (SEPA) was first contacted by a resident concerned about the quantity of waste being stored at the site which is located next to a large public park with the nearest housing 20 metres away.
SEPA officials visited regularly, providing guidance and advice on what was needed to make Boyd’s business compliant.
Boyd, who traded from the site as Boyd Brothers Skip Hire, was found not to have complied with the terms of his Waste Management Licence (WML) by depositing and keeping controlled waste in excess of the maximum 200 tonnes of waste that he could store at the site.
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The waste was stored in large unsegregated piles for periods exceeding the maximum duration permitted by his WML and without regard for the environmental impact this could have.
A notice of partial suspension of the WML was served on 2 Nov 2016 and Boyd was advised no new waste was to be accepted.
On subsequent visits, SEPA officials found that Boyd was still receiving and storing waste.
They also received further complaints from residents worried about waste being continually added to existing stockpiles and waste being stored on land outside the site. There were also complaints about the noise.
Boyd was advised that an impermeable pavement with sealed drainage was required at the site. Impermeable surfaces are the primary control measure for preventing any liquids from the waste entering the subsoil and causing pollution.
Boyd, of Saltcoats, also failed to make quarterly written returns to SEPA regarding waste types, quantities received, treated, and sent off-site.
SEPA estimated the volume of waste on site on 14 January 2019 to be around 1000 tonnes. This exceeds the maximum 200-tonne limit by a factor of five.
Boyd was served with a confiscation order last January instructing him to pay £215,000 under proceeds of crime legislation.
At Kilmarnock Sheriff Court on January 10, he was admonished.
Speaking after the sentencing, Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS), said: "Waste Management Licences and the conditions set out in them are intended to minimise the risk of environmental pollution, prevent harm to human health and serious impact on the local area.
“By refusing to make the site fit for purpose, William Boyd showed a disregard for the environment and caused significant anxiety to local residents.
“He will now pay a substantial financial penalty for his crimes.
“The Crown Office & Procurator Fiscal Service take a rigorous approach to environmental crime and are committed to taking effective and appropriate prosecutorial action.”
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