Environment_law

Water lawsCorporations and the UK government plead guiltyOn 21 December 2000 the Teesside Crown Court handed down heavy fines to Tioxide Europe Limited...Water lawsCorporations and the UK government plead guiltyOn 21 December 2000 the Teesside Crown Court handed down heavy fines to Tioxide Europe Limited for water pollution caused by its plant at Greatham, Teesside.

The Environment Agency stated that during 1998 and 1999 the company experienced problems with pumps that transferred effluent to the sites effluent treatment plant through underground pipes.The pumps were taken out of action and the company relied on gravity to transfer the effluent.

The pipes became flooded causing effluent to leak through cracks.

The leaked effluent, which contained hydrochloric acid, was transferred by ground water into the adjacent Greenabella Marsh (a site of special scientific interest because of its bird life).

The agency reported that in the few days prior to detection between 18 and 37 tonnes of hydrochloric acid leaked into the marshland.

The acid had a considerable effect on invertebrate life in the ponds of the marshland although it did not result in any harm to bird life.

The company pleaded guilty to three counts of breaches of section 6(1) of the Environmental Protection Act 1990 (which breaches are offences under section 23(1) of the same Act).

Three counts were: (1) unauthorised release of liquid to controlled waters, (2) failure to maintain in good operating condition all plant and equipment and (3) failure to use best available techniques not entailing excessive costs.

The company was fined 150,000 (50,000 for each count) and was ordered to pay 18,710 costs.

The Environment Agency also recovered significant costs from South Wales Electricity in a case that highlights the ease with which criminal liability can attach for water pollution once causation is established.

The agency reported that on 25 September 1999 it was notified of oil pollution in the Llanishen Brook.

Its officers traced the pollution to the Cardiff North Grid sub-station at Parc Ty Glas Industrial Estate, Llanishen.

Investigations revealed that thieves had entered the sub-station in order to steal copper components in an electrical transformer.

To do so they removed a plate following which oil drained out.

Whilst the sub-station was equipped with oil traps which theoretically had a capacity to deal with this oil spillage, the oil traps had been incorrectly installed and therefore failed to do the job.

Furthermore, an alarm system designed to warn in the event of a spillage did not function.

It was estimated that several hundred gallons of transformer oil eventually entered a watercourse and a lake.

In excess of 140 water birds were harmed.

They required RSPCA specialist cleaning and care.

The clean-up operation cost 53,149.

This was paid by South Wales Electricity plc to the Environment Agency.

The Environment Agency also prosecuted the company for the oil spillage under section 85(1) of the Water Resources Act 1991.

The company pleaded guilty.

It was fined 6,500 and was ordered to pay the agencys costs in the prosecution of 1,511.

On 7 December 2000 the European Commission secured a judgment of the European Court of Justice against the UK in relation to admitted failures by the UK to fully implement directive 91/676/EEC concerning protection of waters against pollution caused by nitrates from agriculture.

The government conceded that the UK (1) had erroneously interpreted provisions of the directive to apply only to surface waters and ground waters intended for the abstraction of drinking water (the directive is not so limited), (2) had failed to designate vulnerable zones in Northern Ireland and (3) failed to establish action programmes in respect of vulnerable zones.

The government will have ensure the necessary measures to comply with obligations under the directive.

These are likely to mean a substantial increase in the area of land designated as nitrate vulnerable.