A man who created ‘choking smog’ after making a fortune by keeping and illegally burning asbestos, cars, fridges and tyres has been ordered to carry out unpaid work.
Derek McAllister admitted breaching the Environmental Protection Act 1990 by raking in tens of thousands of pounds at his site near the Aberdeenshire village of Potterton.
The 61-year-old stored and burned asbestos sheeting, fridges, cars, household and building waste and rubber tyres between August 2021 and February 2022.
Residents in the village complained that harmful fumes from the site seeped into their homes, prevented them from hanging out clothes in their gardens and forced them to seal windows and vents.
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.
At Aberdeen Sheriff Court, McAllister was ordered to carry out 150 hours of unpaid work and placed under supervision for a period of 18 months.
McAllister was also made subject of a Confiscation Order for an estimated criminal benefit of £60,000, with an initial available amount of £3,000.
The order can be extended to seize any money, property and assets McAllister holds in the future to pay back the full amount he made from his crime.
The court heard the site, which belonged to McAllister’s late father, lay 270 metres from Potterton. Prosecutors stated that McAllister did not possess a waste management and carrier licence for the property.
And businessman McAllister, of Aberdeen, had failed to apply to the Scottish Environmental Protection Agency for a waste exemption certificate.
McAllister ignored repeated warnings from police, fire and officials from the Scottish Environmental Protection Agency (SEPA) to stop burning unauthorised deposits at his unsecured yard in Den Quarry.
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.
Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS), spoke after the court case.
He 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.”
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