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9 February 2012

(S4O-00685) Scottish Environment Protection Agency (Enforcement Powers)

Angus MacDonald (Falkirk East) (SNP): 7. To ask the Scottish Government what action it will take to ensure that the Scottish Environment Protection Agency uses the enforcement powers that it has. (S4O-00685)

The Minister for Environment and Climate Change (Stewart Stevenson):
As part of its strategic oversight of SEPA, the Scottish Government works closely with the agency to ensure that agreed objectives are met and that it implements sound policies and procedures, including effective enforcement arrangements, that protect Scotland’s environment. SEPA’s strong framework for ensuring appropriate use of its enforcement powers includes an enforcement policy that defines how and when enforcement mechanisms will be applied, and detailed guidance for front-line regulatory teams to enable them to carry out their duties proportionately and consistently.

Angus MacDonald: The minister will be aware that, two weeks ago, the cabinet secretary visited the Avondale landfill site in my constituency. The site has enjoyed significant investment in its new waste transfer facility, but the minister might not be aware of significant disquiet in the nearby Polmont community about the smell that regularly emanates from the site. At the other end of my constituency, the west Carron landfill site, which is run by another operator, has also caused anger in the local community. How will the minister ensure that SEPA uses the powers that it has been given to ensure that local residents are not further inconvenienced by these landfill sites?

Stewart Stevenson: It is up to SEPA to decide when and how it uses its enforcement powers in line with statutory functions. I am aware that it is working on the significant concerns in Avondale and west Carron and engaging with interested parties to ensure that everyone is kept aware of progress.

SEPA is working with the operators of both sites and improvements are being made to Avondale’s gas management systems to address odour concerns. However, the agency has indicated that if satisfactory progress is not made in that respect, more formal action will be taken.

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