Penalties imposed and undertakings accepted
| Type of penalty |
Number imposed* (running total)
|
Total amount |
| Fixed monetary penalties | 105 | £54,000 |
| Variable monetary penalties | 5 | £26,810 |
* Imposed: this is the number of penalties that have been served since 2016.
| Type of undertaking | Number accepted (running total) | Number of non-compliance certificates imposed(running total) |
| Enforcement undertakings | 25 | 1 |
| VMP undertakings | Not published | Not published |
Tables of penalties imposed
| Type of penalty | Name and address | Date of penalty | Details of offence/breach | Penalty amount | Penalty documentation |
| Variable monetary penalty | Habib Safi, Glasgow, G5 | 3 September 2024 | Knowingly causing the deposit of controlled waste on land without the authority of a waste management licence | £3,277 | Available on request |
| Variable monetary penalty | Messrs R McNeil Ltd, Stranraer, DG9 | 9 July 2024 | Unauthorised Controlled Activity – building or engineering works in inland waters | £7,833 | Available on request |
| Variable monetary penalty | Scottish Water | 1 July 2024 | Failure to comply with or contravene a water use licence (including any condition imposed) | £6,000 | Available on request |
| Fixed Monetary Penalty | Messrs William Forrest, Dumfries and Galloway, DG12 | 18 June 2024 | Failure to comply with or contravene a General Binding Rule | £600 | Available upon request |
| Fixed Monetary Penalty | Mr Trevor Campbell Kerr, Duns, TD11 | 22 April 2024 | Failure to comply with or contravene a General Binding Rule | £600 | Available upon request |
| Fixed Monetary Penalty | Gary Easton Trading as West Lothian Fencing | 18 March 2024 | Disposing of controlled waste by burning without the authority of a waste management licence | £600 | Available on request |
| Fixed Monetary Penalty | Robert Purvis Plant Hire Limited Lochgelly, KY5 | 5 March 2024 | Failure to comply with the requirements of section 34(6) of the Environmental Protection Act 1990 and Regulation 3 of the Environmental Protection (Duty of Care) (Scotland) Regulations 2014 (inadequate completion of waste transfer notes). | £300 | Available upon request |
| Fixed Monetary Penalty | Tough Construction Limited, Glasgow, G15 | 5 March 2024 | Failure to comply with the requirements of section 34(6) of the Environmental Protection Act 1990 and Regulation 3 of the Environmental Protection (Duty of Care) (Scotland) Regulations 2014 (inadequate completion of waste transfer notes). | £300 | Available upon request |
| Fixed Monetary Penalty | Conor Adams T/S M-Tech, Armadale, EH48 | 29 February 2024 | Disposing of controlled waste by burning without the authority of a waste management licence. | £600 | Available upon request |
| Fixed Monetary Penalty | Crianlarich Ben More Limited, Glasgow, G2 | 29 February 2024 | Disposing of controlled waste by burning without the authority of a waste management licence. | £600 | Available upon request |
| Fixed Monetary Penalty | Keiran Elliott | 8 February 2024 | Transporting controlled waste in the course of business, or otherwise with a view to profit, without being registered as a carrier of controlled waste. | £300 | Available upon request |
| Fixed Monetary Penalty | Rattray ATV Limited, Auchterarder, PH3 | 29 January 2024 | Disposing of controlled waste by burning without the authority of a waste management licence. | £600 | Available upon request |
| Fixed Monetary Penalty | The Firm of S & W Livingston & Co, Perth, PH2 | 3 January 2024 | Disposing of controlled waste by burning without the authority of a waste management licence. | £600 | Available upon request |
| Type of penalty | Name and address | Date of penalty | Details of offence/breach | Penalty amount | Penalty documentation |
| Fixed Monetary Penalty | Summer Isles Enterprises Limited, Swindon, SN2 | 13 December 2023 | Failure to comply with or contravene a General Binding Rule. | £600 | Available upon request |
| Fixed Monetary Penalty | B.H.C. Limited, Co. Fermanagh, BT74 | 1 September 2023 | Failure to comply with or contravene a water use licence (including any condition imposed) | £600 | Available upon request |
| Fixed Monetary Penalty | John Smith White, Carnwarth, ML11 | 24 August 2023 | Disposing of controlled waste by burning | £600 | Available upon request |
| Fixed monetary penalty | Robert Main Ellen, Muir of Ord, IV6 | 2 August 2023 | Unauthorised Controlled Activity – discharge of sewage effluent into watercourse | £600 | FMP Final Notice |
| Fixed monetary penalty | Sands Caravan and Camping Limited, Gairloch, Wester Ross, IV21 | 2 August 2023 | Unauthorised Controlled Activity – discharge of sewage effluent into watercourse | £600 | FMP Final Notice |
| Fixed monetary penalty | Mr Barry Bain, Inverness, IV63 | 1 August 2023 | Failure to comply with a requirement under Section 108 of the Environment Act 1995 | £300 | FMP Final Notice |
| Fixed monetary penalty | GMR Henderson Builders Ltd, Wick, Caithness, KW1 | 31 July 2023 | Failure to comply with the requirements of section 34(6) of the Environmental Protection Act 1990 and Regulation 3 of the Environmental Protection (Duty of Care) (Scotland) Regulations 2014 | £300 | FMP Final Notice |
| Fixed monetary penalty | Bellway Homes Limited, Newcastle Upon Tyne, NE13 | 26 July 2023 | Failure to comply with or contravene a condition of a water use licence | £600 | FMP Final Notice |
| Fixed monetary penalty | Tough Construction Limited, Glasgow, G15 | 26 July 2023 | Failure to comply with or contravene a condition of a water use licence | £600 | FMP Final Notice |
| Fixed Monetary Penalty | RAER Scotch Whisky Limited, Bromsgrove, B60 | 29 June 2023 | Unauthorised Controlled Activity - discharge of effluent into a watercourse | £600 | Available upon request |
| Fixed monetary penalty | The Firm of D & J Thomson, Aberfeldy, PH15 | 15 June 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | Anthony Barclay, Musselburgh, EH21 | 16 May 2023 | Transporting controlled waste in the course of business, or otherwise with a view to profit, without being registered as a carrier of controlled waste. | £300 | FMP Final Notice |
| Fixed monetary penalty | Bradley Morgan, Kinross, KY13 | 16 May 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | The Good House Company Scotland Limited, Kinross, KY14 | 09 May 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Variable monetary penalty |
Mr James Roberts Marshall, Perth, PH2 |
4 May 2023 | Knowingly causing or permitting the disposing of controlled waste when no waste management licence authorising such disposal was in place | £3,500 | VMP Final Notice |
| Fixed monetary penalty | Mr Ian Robert Munro, Alness, IV17 | 23 January 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | Stella's Voice, Clanfield, PO8 | 11 January 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | George Steel Contract Services Limited, Falkirk, FK2 | 6 January 2023 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Type of penalty | Name and address | Date of penalty | Details of offence/breach | Penalty amount | Penalty documentation |
| Fixed monetary penalty | Hamilton Contracting Services Limited, Hamilton, ML3 | 11 November 2022 | Failure to comply with or contravene a General Binding Rule | £600 | FMP Final Notice |
| Fixed monetary penalty | Jools Kirkland, Dunblane, FK15 | 18 October 2022 | Transporting controlled waste in the course of business, or otherwise with a view to profit, without being registered as a carrier of controlled waste. | £300 | FMP Final Notice |
| Fixed monetary penalty | Michael Manson Dingwall, IV15 | 17 October 2022 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Variable monetary penalty | Patersons of Greenoakhill Limited, Gartsherrie Road, Coatbridge, ML5 2EU | 10 October 2022 | Failure to comply with a condition of a PPC permit - offensive odours. | £6,200 | VMP Final Notice |
| Fixed monetary penalty | The firm of Thomas Paul and Sons, Perth, PH1 | 20 September 2022 | Failure to comply with or contravene a General Binding Rule | £600 | FMP Final Notice |
| Fixed monetary penalty | Keithick Farms Limited Keithick Coupar Angus Blairgowrie PH13 9ME | 10 August 2022 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | Janice Gallagher Newarthill ML1 | 21 July 2022 | Failure to comply with a requirement under Section 108 of the Environment Act 1995 | £300 | FMP Final Notice |
| Fixed monetary penalty | Graham Construction Management Limited The Barn Stonehouse Larkhall ML9 3PH | 28 June 2022 | Disposing of controlled waste by burning | £600 | FMP Final Notice |
| Fixed monetary penalty | Keith McKenzie Aberdeen AB16 | 20 June 2022 | Failure to comply with a requirement under Section 108 of the Environment Act 1995 | £300 | FMP Final Notice |
| Fixed monetary penalty | Information not published | 12 May 2022 | Unauthorised Controlled Activity - building or engineering works in inland waters | £600 | Information not published |
| Fixed monetary penalty | Information not published | 03 May 2022 | Disposing of controlled waste by burning | £600 | Information not published |
|
Fixed monetary penalty |
Culraven Limited Kirkcudbright DG6 4SG | 2 May 2022 | Failure to comply with or contravene a General Binding rule | £600 | FMP Final Notice |
|
Fixed monetary penalty |
Andrew Gray (Perth) Limited Shore Road Perth PH2 8BQ | 18 March 2022 | Disposing of controlled waste by burning | £600 | Information not published |
|
Fixed monetary penalty |
Information not published | 18 March 2022 | Disposing of controlled waste by burning | £600 | Information not published |
|
Fixed monetary penalty |
Information not published | 4 March 2022 | Failure to furnish SEPA with copies of documents requested in a notice under section 34(5) of the Environmental Protection Act 1990 and Regulation 6 of the Environmental Protection (Duty of Care) (Scotland) Regulations 2014. | £300 | Information not published |
|
Fixed monetary penalty |
Information not published | 18 February 2022 | Failure to comply with a requirement under Section 108 of Environment Act 1995 | £300 | Information not published |
| Fixed monetary penalty | Information not published | 18 February 2022 | Failure to comply with a requirement under Section 108 of Environment Act 1995 | £300 | Information not published |
| Fixed monetary penalty | Information not published | 11 February 2022 | Failure to comply with a requirement under Section 108 of Environment Act 1995 | £300 | Information not published |
|
Type of penalty |
Name and Address |
Date of penalty |
Details of offence/breach |
Penalty amount |
|
Fixed monetary penalty |
Leadketty Fruit Limited, Leadketty Farm, Dunning, Perthshire, PH2 0QP |
14 November 2021 |
Disposing of controlled waste by burning |
£600 |
|
Fixed |
Stanley Brash Construction Limited, Cavalry Park, Peebles, Peebleshire, EH45 9BU |
8 June 2021 |
Failure to comply with condition of CAR registration |
£600 |
|
Fixed |
J. & E. Smillie (Growers) Limited, Ruthven Road Crossing, Ruthvenfield, Perth, PH1 3JP |
6 June 2021 |
Unauthorised controlled activity – abstraction |
£600 |
|
Type of penalty |
Name and address |
Date of penalty |
Details of offence/breach |
Penalty amount |
|
Fixed monetary penalty |
Information not published |
25 November 2020 |
Unauthorised controlled activity – discharge of slurry into watercourse |
£600 |
|
Fixed monetary penalty |
Information not published |
25 November 2020 |
Inadequate slurry storage capacity |
£600 |
|
Fixed monetary penalty |
Information not published |
4 September 2020 |
Unauthorised controlled activity – building or engineering works in inland waters |
£600 |
|
Fixed monetary penalty |
Malcolm Stewart Limited, Small Holm Burn, Hightae, Lockerbie, DG11 1JY |
20 March 2020 |
Causing or permitting contravention of a GBR |
£600 |
|
Fixed monetary penalty |
Information not published |
3 |
Unauthorised controlled activity – building or engineering works in inland waters |
£600 |
|
Fixed monetary penalty |
Information not published |
30 |
Failure to comply with a requirement under Section 108 of Environment Act 1995 |
£300 |
|
Fixed monetary penalty |
Solway Plant Hire Limited, 121 Moffat Street, Glasgow, G5 0ND |
7 |
Depositing controlled waste when no waste management licence authorising such disposal was in place |
£600 |
|
Fixed monetary penalty |
Information not published |
6 |
Unauthorised controlled activity – building or engineering works in inland waters |
£600 |
|
Type of penalty |
Name and address |
Date of penalty |
Details of offence/breach |
Penalty amount |
|
Fixed monetary penalty |
D Geddes (Contractors) Ltd, Swirlburn, Colliston, by Arbroath, Angus, DD11 3SH |
13 December 2019 |
Failure to comply with a condition of a Permit |
£600 |
|
Fixed monetary penalty |
D Geddes (Contractors) Ltd, Swirlburn, Colliston, by Arbroath, Angus, DD11 3SH |
13 December 2019 |
Failure to comply with a condition of a Permit |
£600 |
|
Fixed monetary penalty |
D Geddes (Contractors) Ltd, Swirlburn, Colliston, by Arbroath, Angus, DD11 3SH |
13 December 2019 |
Failure to comply with a condition of a Permit |
£600 |
|
Fixed monetary penalty |
D Geddes (Contractors) Ltd, Swirlburn, Colliston, by Arbroath, Angus, DD11 3SH |
13 December 2019 |
Failure to comply with a condition of a Permit |
£600 |
|
Fixed monetary penalty |
Information not published |
21 November 2019 |
Unauthorised controlled activity – building or engineering works in inland waters |
£600 |
|
Fixed monetary penalty |
Information not published |
21 November 2019 |
Unauthorised controlled activity – building or engineering works in inland waters |
£600 |
|
Fixed monetary penalty |
Information not published |
20 November 2019 |
Failure to comply with a requirement imposed under section 108 of the Environment Act 1995 |
£300 |
|
Fixed |
Scottish Water, Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, KY11 8GG |
23 August 2019 |
Failure to comply with a condition of a permit |
£600 |
|
Fixed |
Drax Generation Enterprise Limited (formerly ScottishPower Generation Limited), 13 Queens Road, Aberdeen, AB15 4YL |
23 August 2019 |
Failure to comply with a condition of a permit |
£600 |
|
Fixed |
Drax Generation Enterprise Limited (formerly ScottishPower Generation Limited), 13 Queens Road, Aberdeen, AB15 4YL |
23 August 2019 |
Failure to comply with a condition of a permit |
£600 |
|
Fixed |
Central Demolition Recycling Limited, Central House, Chatton Industrial Estate, Bonnyside Road, Bonnybridge, FK4 2AG |
2 August 2019 |
Failure |
£600 |
Notes
- Except where otherwise stated in our policy, information will be published for six years and then removed.
- A link will be provided from the table to copies of all penalty notices.
- We will not publish:
- information about any 'Notice of intent' issued for a FMP, a VMP or a GGETS, F-GAS, ESOS or CORSIA penalty;
- until a reasonable time after the period for making an appeal has expired or when that appeal has been withdrawn or determined;
- cases which have been overturned on appeal;
- full addresses, signatures, personal telephone numbers and personal email addresses.
Tables of undertakings
| Type of undertaking | Name and address | Date undertaking accepted by SEPA | Details of offence | Legislation breached | Enforcement undertaking documentation |
| Enforcement undertaking | The BenRiach Distillery Company Limited | 4 November 2024 | Failure to comply with packaging waste producer responsibility obligations | Regulation 40(1) (a) (b) and (c) of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 |
Available on request |
| Enforcement undertaking | Serco Caledonian Sleepers Limited, C/O Serco Northlink Ferries Aberdeen Ferry Terminal, Jamieson's Quay, Aberdeen, AB11 5NP | 11 October 2024 | Failure to comply with packaging waste producer responsibility obligations. | Regulation 40 (1) (a) (b) and (c) of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 | Available upon request |
| Enforcement undertaking | GlenWyvis Distillery Limited, Upper Dochcarty, Dingwall IV15 9UF | 15 May 2024 | Unauthorised Controlled Activity - discharge to the water environment | Regulation 44(1)(a) of the Water Environment (Controlled Activities)(Scotland) Regulations 2011 | Available upon request |
| Enforcement undertaking | Tullibardine Limited, Citypoint, 65 Haymarket Terrace, Edinburgh EH12 5HD | 27 March 2024 | Failure to register as a Packaging Producer | Regulation 40(1)(a)(b) and (c) of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 | Available upon request |
| Enforcement undertaking | Mackies's Limited Westertown, Rothienorman, Aberdeenshire, AB51 8US | 6 March 2024 | Unauthorised Controlled Activity - discharge to the water environment | Regulation 44(1)(a) of the Water Environment (Controlled Activities)(Scotland) Regulation 2011 | Available upon request |
| Enforcement undertaking | Ipsum Drainage (Scotland) Limited, 2 Watt Road, Hillington Park, Glasgow, G52 4RR | 29 January 2024 | Failure to comply with or contravene a General Binding Rule | Regulation 44(1)(b) of the Water Environment (Controlled Activities)(Scotland) Regulations 2011 | Available upon request |
| Type of undertaking | Name and address | Date undertaking accepted by SEPA | Details of offence | Legislation breached | Enforcement undertaking documentation |
| Enforcement undertaking | Epsotech UK Ltd, Cliftonhall Road, Newbridge, Edinburgh, EH28 8PW | 26 October 2023 | Failure to register as a Packaging Producer | Regulation 40 (1) (a) (b) and (c) of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007. |
| Type of undertaking | Name and address | Date undertaking accepted by SEPA | Details of offence | Legislation breached | Enforcement undertaking documentation |
| Enforcement undertaking | William Grant and Sons Distillers Limited, Strathclyde Business Park, Phoenix Crescent, Bellshill, ML4 3AN | 12 December 2022 | Unauthorised controlled activity - discharge to the water environment |
Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
| Enforcement undertaking | Information not published | 28 October 2022 | Unauthorised controlled activity - discharge to the water environment |
Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
| Enforcement undertaking | Chivas Brothers Limited 111-113 Renfrew Road, Paisley, PA3 4DY | 10 August 2022 | Unauthorised controlled activity - discharge to the water environment |
Regulation 44(1) (a) of the Water Environment (Controlled Activities)(Scotland) Regulations 2011 |
Letter of compliance (available upon request) |
| Enforcement undertaking | George Leslie Limited, Blackbyres Road, Barrhead, Glasgow, G781DU | 8 February 2022 | Unauthorised controlled activity – discharge to the water environment |
Regulation 44(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
| Enforcement undertaking |
Story Contracting Limited, Burgh Road Industrial Estate, Carlisle, CA27NA |
3 February 2022 | Failure to comply with a water use licence (including any condition imposed) | Regulation 44(1)(d) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
| Type of undertaking | Name and Address | Date undertaking accepted by SEPA | Details of offence | Legislation Breached | Enforcement undertaking documentation |
| Enforcement undertaking |
Scottish Water, Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, KY11 8GG |
12 July 2021 | Unauthorised controlled activity - discharge to the water environment | Regulation 44(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
Type of undertaking |
Name and address |
Date undertaking accepted by SEPA |
Details of offence |
Legislation breached |
Enforcement undertaking documentation |
| Enforcement undertaking
|
Breedon Northern Limited, Ethiebeaton Quarry, Kingennie, Monifieth, Angus DD5 3RB |
11 December 2020 |
Unauthorised controlled activity – discharge to the water environment |
Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
|
Enforcement undertaking |
Avant Homes (Scotland) Limited, Argyll Court, The Castle Business Park, Stirling, Scotland, FK9 4TT |
26 October 2020 |
Unauthorised controlled activity – discharge to the water environment |
Regulation 44(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
|
Enforcement undertaking |
Diageo Scotland Limited, Edinburgh Park, 5 Lochside Way, Edinburgh, EH12 9DT |
24 September 2020 |
Unauthorised controlled activity – discharge to the water environment |
Regulation 44(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 |
|
|
Enforcement undertaking |
Tarmac Trading Limited, Portland House Bickenhill Lane, Solihull, Birmingham, B37 7BQ |
11 September 2020 |
Keeping of Controlled Waste other than in accordance with a Waste Management Licence |
Environmental Protection Act 1990 Section 33 (1) (b) |
|
A link has been supplied to the Enforcement Undertaking documentation, however, should you require any further details please use our online contact form.
Notes:
- Information will be published for six years and then removed.
- A link will be provided from the table to copies of all undertakings.
- We will not publish:
- information about an undertaking that has been offered but not accepted by us;
- cases which have been overturned on appeal;
- in relation to Enforcement Undertakings: personal names and addresses, signatures, personal telephone numbers and personal e-mail addresses;
- in relation to VMPUs: full addresses, signatures, personal telephone numbers and personal e-mail addresses.
**For information already published until February 2022, the information will be removed after 3 years.
Table of Cost Recovery Notices Issued
| Action | Name and address | Costs Recovery Notice Issue Date | Costs Recovery Amount |
| Costs Recovery Notice | Information not published | 03/09/2024 | £983.10 |
| Costs Recovery Notice | Scottish Water | 01/07/2024 | £1,800 |
| Costs Recovery Notice | Messrs R McNeil Ltd, Stranraer, DG9 | 12/08/2024 | £2,349.90 |
| Action | Name and address | Costs Recovery Notice Issue Date | Costs Recovery Amount |
| Costs Recovery Notice |
Information not published |
4 May 2023 | £1,050 |
| Action | Name and address | Costs Recovery Notice Issue Date | Costs Recovery Amount |
| Costs Recovery Notice | Patersons of Greenoakhill Limited, Gartsherrie Road, Coatbridge, ML5 2EU | 4 November 2022 | £1,156.35 |