Businessman fined £34,000 for waste tyre recycling offences

date05 December 2016

James McHale, a procurement director, was fined £34,000 on Friday (2 December) at Falkirk Sheriff Court for offences related to the recycling of waste tyres across sites in Grangemouth, Alloa, Dundee, Fife and Huntly.

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James McHale, then trading as McIntyres, pled guilty to:

  • Exceeding the maximum permitted storage height for tyres, failing to install fire resistant walls, storing a quantity of tyres without the authority of a waste management licence, and keeping tyres on site for a period exceeding three months at B Shed, Forest Products Terminal in Grangemouth.
  • Keeping in excess of 15,000 end of life tyres at a site at Kelliebank Industrial Estate in Alloa.
  • Keeping in excess of 1,000 tyres and burned tyre residue at Baldovie Industrial Estate in Dundee.
  • Keeping in excess of 1,180 loose tyres and in excess of 14,340 baled tyres at Crossroads Garage in Huntly.
  • Keeping in excess of 6,900 tyres at M90 Commerce Park in Lathalmond in Fife.

The matter was investigated by the Scottish Environment Protection Agency (SEPA) and reported to the Procurator Fiscal.

SEPA regulates the sites at Grangemouth, Alloa, Dundee, Lathalmond and Huntly using a mixture of different regulation and enforcement measures ranging from a full Waste Management Licence to registered exemptions which restrict activities via strict thresholds.

Persistent breaches of Waste Management Licences and registered exemptions have occurred at each of these sites between 26 September 2013 through to 8 August 2014. SEPA served various formal enforcement notices in order to address these breaches, however these notices were not complied with.

Kath McDowall, Unit Manager for the Falkirk and Stirling investigating team, said:

The illegal storage of large numbers of tyres at the sites operated by James McHale present a significant risk to the environment and community due to the risk of fire.

“James McHale has persistently undermined the regulatory regime, and SEPA has had to invest considerable resources into investigating these offences across Scotland.

“By illegally stockpiling tyres James McHale has also gained financially by being able to undercut legitimate waste tyre collection businesses.

“It is important to remember that we must all remain vigilant as criminal activities associated with waste tyres are such that problem tyre sites can establish themselves very quickly. We would urge anyone who has a concern regarding tyre disposal, or sites where they have seen significant numbers of tyres, to contact SEPA’s Pollution Hotline on 0800 80 70 60.”

Ends

Notes to editors

The exact charges James McHale pled guilty to were:

(001)    between 26 September 2013 and 10th July 2014 at B Shed, Forest Products Terminal, Port of Grangemouth, North Shore Road, Grangemouth, FK3 8UD you JAMES MCHALE  did contravene condition 4.4.2 of waste management licence WML/L/1095218 which required that shredded tyres stored in the buildings shall be stored to a maximum height of 3 metres in that you did store shredded tyres inside a building above a height of 3 metres, and did fail to install fire resistant walls, and did contravene condition 1.11.1 of the said waste management licence which states inter alia that whole tyres and tyre shred shall not remain on s.ite for a period exceeding 3 months in that you did keep a quantity of tyres and a quantity of tyre shred on-site; CONTRARY to the Environmental Protection Act 1990, Section 33(6)

(002)    between 8th April 2013 and 8th August 2014 at 1) B Shed, Forest Products Terminal, Port of Grangemouth, North Shore Road, Grangemouth, FK3 8UD, 2) land at Forest Products Terminal Port of Grangemouth, North Shore Road, Grangemouth, FK3 8UD, 3) land at Craigward, Kelliebank Industrial Estate Alloa, KF10 1PA, 4) at Mclntyres, Piper Street, Baldovie Industrial Estate, Dundee, 5) Unit 29, M90 Commerce Park, Lathalmond, Fife, 6) Crossroads Garage, Rothiemay, Huntly, Aberdeenshire you JAMES MCHALE did keep controlled waste, namely a quantity of tyres and tyre shred on said land otherwise than in accordance with a waste management licence in that you did A) accept and keep a quantity of loose waste tyres, baled waste tyres and waste tyre shred at B Shed, Forest Products Terminal, Port of Grangemouth, North Shore Road, Grangemouth, FK3 8UD, and land at Forest Products Terminal Port of Grangemouth, North Shore Road, Grangemouth, FK3 8UD, B) keep in excess of 15,000 waste tyres on land at Craigward, Kelliebank Industrial Estate Alloa, KF10 1PA, C) keep in excess of 1000 waste tyres and burned tyre residue on land at Mclntyres, Piper Street. Baldovie Industrial Estate, Dundee, D) keep in excess of 6900 waste tyres on land at Unit 29, M90 Commerce Park, Lathalmond, Fife and E) keep in excess of 1180 loose tyres and in excess of 14340 baled tyres at Crossroads Garage, Rothiemay, Huntly, Aberdeenshire, all without the authority of a waste management licence; CONTRARY to the Environmental Protection Act 1990, Section 33(1)(b)(i) and (6)