Man who operated illegal Aberdeenshire waste site over two-year period receives multiple penalties

A man has received multiple penalties after he pled guilty to operating an illegal waste site over a two-year period.

Derek McAllister kept and burned waste on a site, which belonged to McAllister’s late father, just 270 metres from Potterton, Aberdeenshire, between 2020 and 2022.

The 61-year-old did not possess a waste management and carrier licence for the property and had failed to apply to SEPA for a waste exemptions certificate.

McAllister ignored repeated warnings from police, fire and officials from the SEPA to stop burning unauthorised deposits at his unsecured yard in Den Quarry.

Nearby residents complained that harmful fumes from the site seeped into their homes, prevented them hanging out clothes in their gardens and forced them to seal windows and vents.

Nearby residents complained of harmful fumes from the site. COPFS

Prosecutors also said that when the smoke mixed with fog coming off the North Sea, it created a “choking smog” which raised health concerns among villagers.

McAllister pled guilty at Aberdeen Sheriff Court and was sentenced to a 150-hour community payback order, a £3,000 Confiscation Order and an 18-month supervision requirement.

A second man, John McKenzie, 27, of Aberdeen, was fined £240 at a previous hearing and given a nine-month community payback order for assisting in the illegal burning of waste materials.

C and K Removals Limited was charged with depositing waste at the site, despite there being no authorisation in place for the company to do so. The company pled guilty in October 2023 and was admonished.

Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service, said: “Environmental crime causes the public real and legitimate concern. It is criminal behaviour which creates an eyesore on the landscape, is costly to clear up and can negatively impact on local communities.

“Derek McAllister and John McKenzie showed a lack of consideration for the environment and those living nearby with their deliberate and criminal actions.

“There is no excuse for the illegal storage and disposing of waste and this case shows that appropriate action will be taken using all of the tools at our disposal against those who choose to engage in such conduct.”

Prosecutors also said that when the smoke mixed with fog coming off the North Sea, it created a “choking smog”. COPFS

John Higgins, SEPA Senior Manager in Enforcement Operations, added: “Illegally burning waste is unacceptable and often done to avoid the charges for taking wastes to permitted waste sites for recovery or disposal.

“When inappropriate waste is burned it can release harmful gases and any ash and waste which is left behind can also pollute surface and groundwater. In this case it also caused a nuisance to communities living and working nearby and also resulted in the need for emergency services to attend, on multiple occasions, which diverted them from other essential duties.

“Mr McAllister has still not removed the waste he brought onsite, and it continues to be exposed to the elements.

“This type of case also demonstrates the duty of care we all have when it comes to waste disposal. Householders could inadvertently give their waste to people who do not dispose of it appropriately.

“In this instance, individuals engaged the services of C and K Removals Limited and paid the company to take their waste away. Instead of it being taken to a licenced site, it was illegally deposited at the Potterton site.”