River Salwarpe pollution leads to fines

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Ian Cloke

Guest
River Salwarpe pollution leads to fines for Vodafone and Power Electrics
Author:
Holly Smith

Date published:
7-Sep-2006

On 6 September 2006 Vodafone Limited and Power Electrics Limited were prosecuted by the Environment Agency at Worcester Magistrates Court in connection with the escape of gas fuel oil into controlled waters namely the Salty Brook and River Salwarpe at Wychbold.

Vodafone Limited pleaded guilty to two charges, one of which related to polluting the River Salwarpe, the company was fined ?5,000 and ordered to pay costs of ?1254.99.

At the same hearing, Power Electrics Limited pleaded guilty to four charges relating to the installation of a gas fuel oil tank in the proximity of the River Salwarpe and Salty Brook. The company was fined ?3,500 and ordered to pay costs of ?1,255. The Environment Agency brought the charges under the Control of Pollution (Oil Storage) (England) Regulations.

Speaking after the investigation, Susan Harris an Environment Agency officer involved in the case said: "It is very important to identify potential sources of pollution that may threaten a sensitive environment; in this case the area around the Salty Brook is designated as a Special Wildlife Site. For many years oil has been the most common pollutant reported to us, most problems are caused by oil leaking from tanks either during delivery or storage.

It is essential that businesses and companies recognise their responsibilities to protect the environment. We will not hesitate to take action when we feel the rules have been ignored."

For the Environment Agency, Patrick Howell told the court that on 15th January 2005, reports were received from a local farmer that there was oil in the River Salwarpe. Environment Agency officers attended the scene and found the river upstream and downstream from the road bridge on Ford Lane, Wychbold, Droitwich was discoloured by a rainbow-coloured film on the surface of the water. There was also a strong smell of diesel near the bridge.

The oil sheen was tracked back for about half a kilometre upstream and along Salty Brook, a tributary of the River Salwarpe, to a telecommunications mast owned by Vodafone Limited. Nearby was an excavated trench being prepared to take mains electricity to the mast however this was full of diesel. The brook was heavily discoloured red at two distinct points downstream of the communications mast and fuel tank, with a film of fuel oil extended along a stretch of the River Salwarpe, designated a Special Wildlife Site.

The Environment Agency used absorbent material placed at intervals along the river to contain the oil in the short term. There was also contamination to the ground as well as the brook and consequently the Environment Agency assisted in the full-scale restoration programme that was carried out.

The court was told the diesel tank had been sited less than 10 metres from Salty Brook, which was in breach of the Control of Pollution (Oil Storage) Regulations. Gas fuel oil had been leaching from contaminated ground within the compound surrounding the mast.

continues.........
 
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Ian Cloke

Guest
...........Vodafone Limited was unable to explain how the oil had come to contaminate the watercourse and the ground. Power Electrics Limited had been contracted by Vodafone Limited to supply the fuel tank and generator and it was Power Electrics who implemented the initial clean up and funding of the long-term remediation of the affected area.

In mitigation Mr Pugh for Power Electrics Limited said that the company had paid ?75,000 towards clean up costs. He claimed the company had recognised any environmental offence is serious, the company reacted promptly to the escape of fuel oil and the clean up had taken 6 months to complete.

Mr Kimblin for Vodafone Limited said in mitigation that the escape of oil was an offence of strict liability but the company?s culpability had been low. They had entered a guilty plea at the first opportunity. Vodafone had engaged Power Electrics as independent contractors to install, fuel and service the generator and tank.
 
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