Tyre recycling company and director fined a total of £8,000 for waste offences at three sites in the West of Scotland

date01 May 2015

Scotland’s environmental watchdog is reminding all companies of the importance of working within the regulations after a tyre recycling company and a director of the company were fined a total of £8,000 on Wednesday (29 April) for waste offences at three separate sites across the west of Scotland.

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Southern Tyre Recycling Ltd were fined £2,000, while company director Douglas Milby was fined £6,000 and sentenced to 240 hours of Community Service for keeping and depositing controlled waste, namely waste tyres, on land at Brownsburn Industrial Estate, Airdrie; Woodilee Industrial Estate, Kirkintilloch and Malletsheugh Farm, Newton Mearns without an appropriate waste management licence in place. Both Mr Milby and the company had pled guilty of depositing, keeping and failing to remove all waste tyres other than those lawfully stored under exemptions registered under the Waste Management Licensing (Scotland) Regulations 1994 which were in place at the time of the offences (and since superseded by the Waste Management Licensing (Scotland) Regulations 2011). The matter was investigated by the Scottish Environment Protection Agency (SEPA) and reported to the Procurator Fiscal.

Several inspections of the three sites by SEPA Officers between February 2010 and March 2011 showed that many more waste tyres were being kept or deposited onto the sites than were allowed under the various waste exemptions that were registered. An operator needs to hold a waste management licence if more than 1,000 waste tyres are being stored on a site. However, neither Douglas Milby nor Southern Tyre Recycling Ltd held waste management licences for these sites.

Inspections by SEPA Officers confirmed that many thousands of waste tyres were being held on the three sites without an appropriate waste management licence in place, with the company benefiting financially. Tyres were removed from the sites in Airdrie and Kirkintilloch, however, the tyres were not removed from the site at Malletsheugh Farm, Newton Mearns.

Colin Morrow, SEPA investigating officer, said:  

Southern Tyre Recycling Ltd is fully aware that it contravened environmental legislation in permitting waste to be deposited and kept at the site. Verbal discussions had taken place with the director, Douglas Milby, and he has been the recipient of numerous advisory letters, warning letters and statutory notices, in relation to the requirement for a waste management licence and the limitations of the exemptions regime.

“Keeping waste tyres can result in leaching of pollutants such as oil onto the ground or into surface water. Unlawful waste deposits also divert waste away from legitimate operators, thus undermining the regulatory regime. The waste management exemptions regime was specifically developed for waste activities where the potential risk to the environment was low. The risk to the environment at Mr Milby’s sites is not low and the proper method of disposal is therefore to a properly licensed transfer/treatment site.”

Ends

Notes to editor

The exact charge(s) Southern Tyre Recycling Ltd and Douglas Milby, Director, pled guilty to were –

  • Between 26 August 2010 and 11 April 2011 iatUnit 7, Woodilee Industrial Estate, Woodilee Road, Kirkintilloch, G66 3UU you, Southern Tyre Recycling Limited and Douglas Milby, Director did keep controlled waste, namely waste tyres in or on said land otherwise than in accordance with a waste management licence in that you did keep said waste on said land when no waste management licence was in force authorising such keeping; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i).

  • On 2 March 2011 at Unit 7, Woodilee Industrial Estate, Woodilee Road, Kirkintilloch, G66 3UU you Southern Tyre Recycling Limited and Douglas Milby, being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the aftermentioned Act, in that you failed to remove from said land all waste tyres other than those lawfully stored under exemptions registered under the Waste Management Licensing Regulations 1994, having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 17 January 2011; CONTRARY to the Environmental Protection Act 1990, section 59(1)(a) and 59(5) as amended.

  • Between 17 February 2010 and 25 January 2011 in or on land atMalletsheugh Farm, Malletsheugh Road, Newton Mearns, G77 6PR, you, Southern Tyre Recycling Limited and Douglas Milby, Director did keep controlled waste, namely waste tyres in or on said land otherwise than in accordance with a waste management licence in that you did keep said waste on said land when no waste management licence was in force authorising such keeping; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i).

  • Between 17 February 2010 and 25 January 2011 in or on land at Malletsheugh Farm, Malletsheugh Road, Newton Mearns, G77 6PR you, Southern Tyre Recycling Limited and Douglas Milby, Director did deposit or knowingly cause or knowingly permit to be deposited controlled waste, namely waste tyres in or on said land without the authority of a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(a)).

  • On 4 November 2010 on land at Malletsheugh Farm, Malletsheugh Road, Newton Mearns, G77 6PR you Southern Tyre Recycling Limited, being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the aftermentioned Act, in that you failed to remove from said land all waste tyres other than those lawfully stored under exemptions registered under the Waste Management Licensing Regulations 1994, having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 21 September 2010; CONTRARY to the Environmental Protection Act 1990, section 59(1)(a) and 59(5) as amended.

  • Between 17 June 2010 and 10 March  2011 in or on land atNinian Road, Brownsburn Industrial Estate, Airdrie, North Lanarkshire, ML6 9SE you Southern Tyre Recycling Limited and Douglas Milby, Director, did keep controlled waste, namely waste tyres, in or on said land otherwise than in accordance with a waste management licence in that you did keep said waste tyres in or on said land when no waste management licence was in force to authorise such keeping; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i) as amended.

  • Between 17 June 2010 and 10 March 2011 on land at Ninian Road, Brownsburn Industrial Estate, Airdrie, North Lanarkshire, ML6 9SE you Southern Tyre Recycling Limited and Douglas Milby, Director, did deposit or knowingly cause or knowingly permit to be deposited controlled waste, namely waste tyres, in or on said land without the authority of a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(a) as amended.

  • On 4 November 2010 on land at Ninian Road, Brownsburn Industrial Estate, Airdrie, North Lanarkshire, ML6 9SE you Southern Tyre Recycling Limited and Douglas Milby, Director, being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the aftermentioned Act, in that you failed to remove from said land all controlled waste deposited there, namely waste tyres, including baled tyres, having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 22 September 2010; CONTRARY to the Environmental Protection Act 1990, section 59(1)(a) and 59(5) as amended.

  • On 2 February 2011 on land at Ninian Road, Brownsburn Industrial Estate, Airdrie, North Lanarkshire, ML6 9SE you Southern Tyre Recycling Limited and Douglas Milby, Director, being the occupier of said land, did without reasonable excuse fail to comply with a requirement imposed under Section 59(1)(a) of the aftermentioned Act, in that you failed to remove from said land all controlled waste deposited there, namely waste tyres, including baled tyres, having been required to do so in a notice served on you under said section by the Scottish Environment Protection Agency on 29 December 2010; CONTRARY to the Environmental Protection Act 1990, section 59(1)(a) and 59(5) as amended.