SEPA provides further information over Wastepack decision

In a new statement the Agency says that in considering appropriate regulatory action, SEPA had three options available to it. These were:

• Take no enforcement action

• Issue formal warning letter stating that any future failure to take
  reasonable steps is likely to result in notice of deregistration being
  given
• Give notice of deregistration which, in terms of the regulations,
  could not take effect until at least six months later. Wastepack
  would then have the option of appealing the decision with Scottish
  Ministers.

Letter
SEPA says that it decided to implement Option 2 and a warning letter has been
issued. “In reaching its decision not to deregister Wastepack SEPA had to
balance the seriousness of the failure against the consequences of
deregistration. In coming to a decision on the most appropriate
action to take, SEPA has taken into account a number of factors:
1. The actions taken by Wastepack in 2001.
2. The reasons for Wastepack having taken such action.
3. The content of SEPA's enforcement policy, in particular the commitment to ensure that enforcement action taken is proportional to
the risks posed to the environment and the seriousness of the offence.

4. The potential wider implications of the decision.”

The statement from SEPA emphasises that it has “made it clear that the steps taken by Wastepack were not 'reasonable' and that any future failure to take reasonable steps will not be tolerated and is likely to result in the scheme being given notice of deregistration. This decision should be carefully noted by
all producers and schemes registered with SEPA.”

Analysis
And, SEPA explains that Wastepack reported to SEPA that its market analysis in 2000 led them to believe that by 2001 there would be a shortage of materials available for recovery and that the statutory system would be unable to deliver enough evidence of compliance to allow all parties to meet their obligations.

They [Wastepack] therefore concluded, says SEPA, that other activities would be necessary in order to fulfill the 'reasonable steps' requirement under the Regulations. Accordingly, they proposed to adhere to the statutory compliance system to the extent it was available (the purchase of PRNs) and also to invest directly in the domestic waste collection infrastructure. SEPA notes that its advice to Wastepack has always been that the compliance system as described in the statutory guidance should be employed to its fullest extent.