Derek McAllister was sentenced at Aberdeen Sheriff Court after pleading guilty to a breach of the Environmental Protection Act 1990 involving the storage and burning of cars, fridges, rubber tyres, household and building waste and asbestos sheeting at the site near Potterton between August 2021 and February 2022.
McAllister was also made subject of a Confiscation Order for an estimated criminal benefit of £60,000.
The order has been made for an initial available amount of £3,000. The order can be extended to seize money and assets McAllister acquires in the future to pay back the full amount he made from his crime.
Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS), said:
“Environmental crime causes the public real and legitimate concern. It is criminal behaviour which creates an eyesore on the landscape, is costly to clear up and can negatively impact on local communities.
“Derek McAllister and John McKenzie showed a lack of consideration for the environment and those living nearby with their deliberate and criminal actions.
“There is no excuse for the illegal storage and disposing of waste and this case shows that appropriate action will be taken using all of the tools at our disposal against those who choose to engage in such conduct.”
The court heard the site, which belonged to McAllister’s late father, lay 270 metres from Potterton.
Prosecutors stated that McAllister did not possess a waste management and carrier licence for the property and had failed to apply to SEPA for a waste exemptions certificate.
McAllister ignored repeated warnings from police, fire and officials from the Scottish Environmental Protection Agency (SEPA) to stop burning unauthorised deposits at his unsecured yard in Den Quarry.
Residents in the village of Potterton complained that harmful fumes from the site seeped into their homes, prevented them hanging out clothes in their gardens and forced them to seal windows and vents.
Prosecutors also said that when the smoke mixed with fog coming off the North Sea, it created a “choking smog” which raised health concerns among villagers.
A second man, John McKenzie, 27, of Aberdeen, was fined £240 at a previous hearing and given a nine-month community payback order for assisting in the illegal burning of waste materials.