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#1 Posted : 10 May 2006 14:25:00(UTC)
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Posted By Dee I have a Client who's premises yard are next door to a waste paper/recycling plant. There is a continual problem of debris coming over into the yard of my Client who deals with precision tooling and the potential of this debris getting into the tooling and causing issues is quite significant. I have contacted SEPA several times on their behalf, supplied video evidence (as requested) and yet they have had no response and the problem continues. I know the site is licenced and what is happening is in breach of the terms of their licence. My question is if SEPA aren't interested who else do you go to? Environmental Health of the local council or bypass the local SEPA office and go straight to their HQ? Any assistance gratefully appreciated. Dee
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#2 Posted : 10 May 2006 14:35:00(UTC)
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Posted By garyh Consider a common law claim against the other company should any damage or loss arise. First, why not try the good neighbour approach and talk to them? If no joy write to them (possibly a Solicitor's letter - in fact taking legal advice would be a good idea) warning them that should they cause loss or damage they will be sued. Alternatively you could get someone to put in a complaint (as a private individual, possibly anonymously) to SEPA and or Local environmental Health Dept.
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#3 Posted : 10 May 2006 14:38:00(UTC)
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Posted By Dee Thanks Gary, I should have said in my original posting we have tried the "good neighbour" approach and followed it up with a letter to their HSE Manager in their Head Office to no avail. Dee
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#4 Posted : 10 May 2006 14:45:00(UTC)
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Posted By Robert K Lewis There may be a cause of action against SEPA as the situation is actually one of flytipping, ie the waste is being allowed off the premises from which it originates into an area where it should not be. THe LA may also assist. A letter from your solicitor to SEPA may well elicit a good response. Clearl;y the ;oacal officer is trying to see this as just a dispute among neighbours. Bob
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