In a court case the pursuer argued that approx. 2,800 m3 of spoil containing 0.001% to 0.007% of asbestos that had been unknowingly deposited on their site , should be removed.
The site did not have a Paragraph 19 exemption nor any other waste licensing provision.
In the case a senior SEPA officer stated (item 62) that their “…general policy was to require removal of waste material as soon as possible. But (sic) emphasised that each case must be considered on its own merits. In this instance, SEPA has decided not to use its powers to require removal of the material.”
At the time the depositing company could have used the loophole in HMRC Landfill Tax and disposed of the material at a Non-Hazardous landfill attracting only the lower rate of landfill tax.
So why bother with Paragraph 19 exemptions or indeed any other form of waste licensing site if SEPA do not enforce existing legislation…? “LONG LIVE FLY TIPPING” (that’s a joke by the way…!)