Scottish courts issue record environmental fine

19th December 2012


Related Topics

Related tags

  • Waste ,
  • Corporate fine ,
  • Prosecution ,
  • Recycling ,
  • Disposal

Author

IEMA

A South Lanarkshire haulage and recycling company has been ordered to pay a record £200,000 penalty for illegally dumping waste and endangering the environment

Livingston Sherriff Court passed down the unprecedented sentence in a case described by the Scottish Environment Protection Agency (SEPA) as “one of Scotland's most significant environmental crimes”.

A jury trial in September found Doonin Plant Limited and its director, Gary Doonin, guilty of keeping controlled wastes, including plastics, electrical components and plasterboard, without a licence and in a way likely to cause pollution.

In 2010, a SEPA investigation found that the firm had dumped hundreds of tonnes of construction and demolition waste at the former Woodend Colliery in Armadale, West Lothian, which is owned by the firm.

SEPA discovered that the firm had covered the waste with a thin layer of soil, and had not taken basic actions to protect the environment from the decomposing waste, such as lining the site.

As a result, the waste was likely to leach metals and chemicals into the soil, posing a threat to groundwater and local waterways, and release methane and carbon dioxide into the atmosphere, according to SEPA.

“By carrying out such activities, the company and its director demonstrated a complete lack of consideration for the environment,” said Ian Buchanan, an area manager at SEPA, reacting to the record sentence. “Justice has been done for Scotland's environment … and we hope the sentence acts as a deterrent to any operators considering breaking the law.”

The prosecution was not the first time Doonin Plant had been found to have breached environmental legislation. In August 2010, the firm was fined £90,000 after pleading guilty to similar waste offences.

Craig Harris, head of the wildlife and environmental crime unit at the Crown Office and Procurator Fiscal Service commented: “Doonin Plant and Gary Doonin carried out activities with a total disregard for the environment – and not for the first time.

“The severity of the crimes against the environment was marked by this case being prosecuted before a jury. The judgment will send out a strong warning to any other unscrupulous businesses who conduct themselves in this illegal manner.”

Reacting to the sentence, a spokesperson for the company confirmed that it would be appealing the level of the fine. He claimed the former colliery had waste management licence exemptions, allowing the company to store waste and carry out recovery or recycling operations at the site.

Livingston Sherriff Court postponed sentencing the firm’s director for a year, warning Doonin that he could face prison if any further offences occurred during that time.

Subscribe

Subscribe to IEMA's newsletters to receive timely articles, expert opinions, event announcements, and much more, directly in your inbox.


Transform articles

EU agrees new environmental crime rules

Environmental crimes could result in prison sentences of up to 10 years and company fines of 5% of turnover under a proposed EU law agreed by the European parliament and council.

21st November 2023

Read more

From government compromises on retained EU law, to disposable vapes, Neil Howe provides an update on the ever-evolving world of environmental legislation

3rd August 2023

Read more

Litigation is becoming a key tool for delivering climate justice and action, with the number of court cases more than doubling worldwide in just five years, the UN Environment Programme (UNEP) has found.

27th July 2023

Read more

This legislative update has been provided by Cedrec Information Systems Ltd, available at cedrec.com. In Partnership with Barbour EHS.

1st June 2023

Read more

In Sunbeam Fishing Ltd v Secretary of State for Environment, Food and Rural Affairs, the owner and operator of a sandeel fishing vessel argued that the secretary of state’s decision was unlawful in both substance and timing, and sought to ensure the same illegalities would not affect the UK fleet’s ability to catch sandeel in 2023.

31st May 2023

Read more

Anglian Water has been fined £2.65m after pleading guilty at Chelmsford Magistrates’ Court to allowing millions of litres of untreated sewage to overflow into the North Sea.

31st May 2023

Read more

In February, the House of Lords began a consultation on the impact of environmental regulations on development.

31st May 2023

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert

IEMA Cookie Notice

Clicking the ‘Accept all’ button means you are accepting analytics and third-party cookies. Our website uses necessary cookies which are required in order to make our website work. In addition to these, we use analytics and third-party cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click ‘Settings’. To learn more about cookies, how we use them on our website and how to change your cookie settings please view our cookie policy.

Manage cookie settings

Our use of cookies

You can learn more detailed information in our cookie policy.

Some cookies are essential, but non-essential cookies help us to improve the experience on our site by providing insights into how the site is being used. To maintain privacy management, this relies on cookie identifiers. Resetting or deleting your browser cookies will reset these preferences.

Essential cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytics cookies

These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.

Advertising cookies

These cookies allow us to tailor advertising to you based on your interests. If you do not accept these cookies, you will still see adverts, but these will be more generic.

Save and close