Lanarkshire businessman given community pay back order for unlicensed waste carrying offences

date09 December 2015

Lanarkshire businessman Carlo Rea, has been sentenced to 180 hours community pay back today (09 December), after pleading guilty to dumping waste illegally while acting as an unlicensed waste carrier between March and July 2011. The sentence, which was handed down at Airdrie Sheriff Court, is to be completed within 12 months and was given as a direct alternative to a custodial sentence.

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Throughout the four month period Mr Rea’s company, OTL Plant & Haulage Contractor, transported over 5000 tonnes of waste soils and stones to Dalziel Park in Motherwell for disposal however no waste management licence or exemption was in force at the site. As part of a waste carrier’s Duty of Care, it is their responsibility to ensure that waste is taken to a suitably licenced facility which can accept and treat waste appropriately.

In addition to disposing of waste illegally, Mr Rea was also charged with not registering his company as a licensed waste carrier. Under the Environmental Protection Act 1990, haulage companies have a legal duty to register as a licensed waste carrier with the Scottish Environment Protection Agency (SEPA). Each carrier is also required to produce Waste Transfer Notes which accurately describes the waste type and where each waste load has been taken to. This is to ensure waste is disposed of correctly and to deter the potential for illegal dumping.

The Scottish Environment Protection Agency (SEPA) was alerted to the breaches in regulation following an investigation into illegal dumping activities at Avonhead Road, near Longriggend, North Lanarkshire. Official documents which were salvaged from the waste stockpiles allowed SEPA officers to trace the original owners of the refuse to Glasgow based waste firm, CMI Demolition Ltd. It was subsequently revealed as part of the investigation that Mr Rea’s firm, OTL Plant & Haulage Contractor, had been contracted to transport waste for disposal. 

Mr Rea maintained that the waste was sent to a former waste management exempt facility at Dalziel Park in Motherwell, however due to a lack of adequate waste transfer notes, the transportation of this waste could not be accurately verified. As Mr Rea did not have a waste carrier’s licence and the material was deposited illegally, SEPA had no other choice than to report this matter to the Procurator Fiscal.

A representative from the Scottish Environment Protection Agency (SEPA), said:

By choosing to dispose of waste illegally, Mr Rea and his company have knowingly committed an environmental offence and the sentence handed down today highlights the seriousness of this act. Dumping waste illegally is not only reckless, it can cause serious harm to the local environment, which over time could start to contaminate the surrounding landscape if left unchecked.

“The unravelling of this case has been a long process, involving a number of different companies and individuals from the waste industry. Providing business to unlicensed groups or individuals is not only illegal, it undercuts legitimate waste carriers, promotes bad practice and starts to impact on the wider industry as a whole.”

On 6 May 2016 Mr Rea was given a confiscation order under the Proceeds of Crime Act of £11,100.

Ends

Notes to editors

The exact charges are below:

(001) Between 10th March 2011 and 10th July 2011 both dates inclusive in or on land at Dalziel Park, 100 Hagen Drive, Motherwell you CARLO REA did attempt to deposit and did knowingly permit the deposit of controlled waste, soils and stones 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) as amended

(002) Between 10th March 2011 and 20th August 2011 and between at 60A Clydeholm Road, Glasgow you CARLO REA being a person who received waste from a holder and a producer of controlled waste and whilst acting along with that holder and producer and being a carrier and keeper or manager of controlled waste, namely waste consisting of inter alia soil and stones did fail to take all such measures applicable to you in that capacity as were reasonable in the circumstances to prevent any contravention by any other person of Section 33 of the aftermentioned Act in that you did b) being an unlicenced waste carrier, Carlo Rea, trading as OTL Plant and Haulage Contractors transport and dispose of waste, c) did send waste to be deposited and disposed of in or on land where no waste management licence or exemption was in force, namely Dalziel Park, 100 Hagen Drive Motherwell, d) before and during the transport of waste from 60A Clydeholm Road, Glasgow did fail to make any appropriate or adequate checks or audits on the destination of the waste in circumstances where the waste dispatched by you was not deposited at Dalziel Park, 100 Hagen Drive, Motherwell, and (e) did fail to ensure that appropriate Waste Transfer Notes were adequately completed on your behalf:

CONTRARY to the Environmental Protection Act 1990, Section 34(1)(a) and (6)