Nearly three quarters of Scottish businesses are complying with the new Scottish waste regulations, an audit undertaken by the Scottish Environment Protection Agency (SEPA) has found.

In a series of ‘unannounced inspections’ targeting 57 food producers and large-to-medium scale businesses (including restaurants chains, hotels, leisure and entertainment premises) in Scotland's four major cities, SEPA found that 74 per cent were either ‘fully or broadly compliant’ with the new Waste (Scotland) Regulations.

These regulations, which came into effect on 1 January 2014, require all businesses, not-for-profit organisations, and public-sector bodies to separate dry recyclable materials (such as glass, metal, plastic, paper and cardboard) for collection. Further, it also places a ban on any metal, plastic, glass, paper, card and food collected separately for recycling from going to incineration or landfill.

Food businesses in urban areas that produce more than 50 kilogrammes per week of food waste also have to separately collect this material for recycling, and SEPA’s audit revealed that 32 of the large food businesses inspected (82 per cent) were complying with this requirement.

However, although the agency found that the majority of larger businesses demonstrated a ‘high level of awareness towards the new regulations, alongside a preparedness to comply’, smaller, independent restaurants and cafés showed a ‘lower level of awareness of the new regulations’.

As such, SEPA said that ‘additional efforts’ would be made to help this sector improve its waste segregation systems.

Speaking to Resource, a spokesperson for SEPA said that as the regulations are still new, SEPA will not yet be punishing those who are not complying with the new law, but “if it comes to the point where there are large-scale, persistent offenders, then enforcement action will be taken”.

She added that SEPA would be working in an advisory role for “some time yet”.

Commenting on the inspections, SEPA's National Waste Unit Manager, Adrian Bond, said: “To have compliance ratings of this level so early in the year is extremely encouraging, especially amongst Scotland's largest waste producers. Even though the inspections only sampled a fraction of businesses affected by the regulations, the results are a valuable insight into the levels of investment by the waste industry and overall business compliance, which we expect to be replicated across the country.

“Further inspections are planned throughout the year with the aim of building a national picture of compliance across the business community, while identifying remaining challenges or areas in which increased awareness of the regulations is required.”

Environment Secretary Richard Lochhead also commented, saying: “The Waste (Scotland) Regulations that came into force in January are helping transform Scotland’s approach to waste and recycling.

“It’s hugely encouraging that the majority of our business community are taking advantage of the new recycling services that have been rolled out to businesses across Scotland. Recycling releases valuable resource with far reaching benefits for our economy, Scottish industry and our environment.”

Iain Gulland, Director of Zero Waste Scotland, added: “It’s very encouraging that awareness levels are so high just a few months after the introduction of the new waste regulations. We are grateful to local authorities, waste contractors and the industry who have all played a vital role in helping to raise awareness across businesses.

“The regulations have been brought in to encourage organisations to reduce waste, recycle quality materials, and be more resource efficient – all offering the potential for cost savings and wider economic opportunities."

Any businesses in need of sector-specific guidance on how to become compliant is urged to visit the SEPA website.

Director of recycling company jailed

In related news, SEPA is reminding companies of the ‘importance of ensuring they have the appropriate waste management licences and exemptions’, after the director of a recycling company was given a six-month jail sentence for ‘illegally depositing, storing and treating controlled waste’.

Airdrie Sheriff Court sentenced Joseph Cahill to six months in jail and fined his company, STUD Recycling Limited, £12,000 on Wednesday (5 March) for treating controlled waste – including waste vehicle tyres, mattresses, metal drums and fuel tanks – at a leased site at Easter Dunsyston Farm in Airdrie without the required licences or exemptions.

The case, reportedly the first custodial sentence in a SEPA-reported case, was brought to light after SEPA officers carried out an inspection of the site in February 2012 following two separate complaints from members of the public.

During the inspection, the SEPA officers estimated that around 15,902 tyres were being stored on site, well in excess of the 1,000 tyres permitted by the exemption provided under Waste Management Licensing Regulations.

On a second visit in May 2012, SEPA officers reported that there were 45,000 tyres on site.

Despite Cahill receiving a warning to remove the controlled waste from the site by 31 July 2012, visits in August and November 2012 found that all the wastes from previous visits were still on site.

This led to the case being referred to the courts.

Andrew Taylor, SEPA's investigating officer, said: “Despite having no waste management licence and after numerous warnings and a statutory notice, Mr Cahill and the company failed to heed SEPA's advice on complying with the necessary regulations and continued to keep controlled waste on the site.”

Calum MacDonald, Executive Director of SEPA, added: “While levels of compliance in Scotland are improving, there remains a minority group of operators who continue to ignore the required procedures for the management of controlled waste. This case sends a strong message out to these operators of the potential repercussions for failing to adhere with these procedures.

“SEPA work with these individuals and companies to ensure that they understand their environmental responsibilities. However, we must take appropriate enforcement action, including reporting cases to the Procurator Fiscal, where necessary.”

Cahill and the company had previously pleaded guilty to the offences in October 2013, but the sentencing was deferred to ‘allow time for the operator to make arrangements for the waste to be removed from the site’.

Read more about the Waste Management Licensing Regulations.