A landowner is facing a £60,000 bill after he flouted environmental laws by illegally keeping and burning waste – including asbestos – just metres from an Aberdeenshire village.
The residents of Potterton had to keep their windows and doors shut as the “choking smog” seeping into their homes from Derek McAllister’s fires, Aberdeen Sheriff Court was told.
McAllister, 61, was prosecuted after he ignored repeated warnings from police, the fire service and the Scottish Environmental Protection Agency (SEPA) to stop storing and burning cars, fridges, rubber tyres, household and building waste and sheets of asbestos.
McAllister has now been ordered to carry out 150 hours of unpaid work and placed under 18 months supervision after he pleaded guilty to breaching the Environmental Protection Act 1990 between August 2021 and February 2022.
McAllister was also made subject of a Confiscation Order for an estimated criminal benefit of £60,000.
The order has been made for an initial available amount of £3,000 but the order can be extended to seize money and assets McAllister acquires in the future to pay back the full amount he made from his crime.
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.
The court heard the site, which belonged to McAllister’s late father, sits 270 metres from Potterton.
Prosecutors stated that McAllister 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 was repeatedly warned to stop burning the unauthorised deposits at his unsecured yard in Den Quarry but refused.
Prosecutors told the court that when the smoke from the fires mixed with fog coming off the North Sea, it created a “choking smog” and was a risk to health.
Potterton residents complained that the harmful fumes were drifting into their homes, preventing them from hanging out clothes in their gardens and forcing them to seal windows and vents.
Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS), 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.”
Residents praised for building case that led to prosecution
Speaking after the case, local councillor Jenny Nicol said: “This was a truly horrific period for Potterton residents and I would like to emphasise their relentless work.
“Local residents have played a crucial role in shining a light on an environmental crime that affected the whole community.
“Their pro-active work – reporting suspicious activity, gathering first-hand evidence of noxious fumes and choking acrid smog, and persistently contacting the relevant authorities – helped build the case against the operation of an illegal waste site.
“I’m grateful to SEPA, Police Scotland, the Scottish Fire and Rescue Service, Environmental Health and countless officers at Aberdeenshire Council, but most of all to the community – their perseverance and vigilance provided essential documentation, that has ultimately contributed to a conviction in court.”