Judges clobber dump firm as £8,000 fine soars to £90,000

Lord Clarke said the conduct of the company had involved "a blatant and complacent disregard" of its responsibilities.

The appeal judges said they were satisfied there had been a course of conduct "which involved a serious and significant breach of the legislative provisions with real potential for danger to the environment and consequences for public health".

Lord Clarke said: "There is a legitimate public concern about the impact of such offences on the environment. In particular, it is a matter of considerable public concern that companies may fail to comply with their environmental responsibilities if it costs them less to pay the penalty for breaking the law than it would to install proper safeguards, or to desist from the conduct in question."

The firm, whose registered office is at New Road, Cambuslang, Lanarkshire, had admitted breaching the Environmental Protection Act between January and March 2007 by disposing of controlled waste in a way likely to cause pollution or harm to human health at Bardykes bing.

Doonin did not have permission to use the site between Cambuslang and Blantyre as a landfill site. The nearest housing development to the site is 500 metres to the north.

Inspectors from the Scottish Environmental Protection Agency (Sepa) had concerns about activities at the area. A waste management licence was suspended and in January 2007, Sepa officers began surveillance.

They recorded large skip vehicles dumping at the site and bulldozers flattening and moving waste to cover it with soil. The areas where it was deposited were not lined to contain the waste and any landfill gas or leachate - a liquid produced by waste degrading or when rainwater seeps through it- that developed.

The officials found wood, plastic, metal and foam pipe insulation among the waste. Samples were later taken and found to be leachate, which could contaminate and harm water and soil.

The sheriff who originally heard the case noted the firm had previous convictions for similar offences but was told Doonin was a significant operation and not a "fly-by-night concern".

He took into account that the offence did not involve actual pollution or harm to human health and that subsequent visits by Sepa officers had not revealed any fresh concerns.

But the Crown decided to appeal against the penalty he imposed, arguing it was unduly lenient.

Peter Gray, QC, for the firm, argued to the appeal judges that the original fine imposed at Glasgow Sheriff Court had not been unduly lenient.

He said it was never Doonin Plant's intention to allow waste to remain at the site permanently and there had been no deliberate breach to maximise profit or to save money. It was being operated as a treatment and transfer site.

He said the firm's responsible approach to environmental matters had been demonstrated by it not disturbing land after a rare orchid was found that had deprived it of recovering material that could have been worth more than 1 million.

But Lord Clarke, who heard the case with Lord Justice Clerk Lord Gill and Lady Cosgrove, said: "We were not impressed at all by senior counsel for the respondents' main submission, namely that they had never intended to operate the site as a landfill site."