25/04/2005 - Four seagulls
and a duck, as well as about 150 sticklebacks
died after diesel oil leaked into a brook
at Eastwood, Southend-on-Sea, magistrates
heard today (Mon).
Three of the seagulls had to be put to sleep
by the RSPCA and the following clean-up operation
by contractors cost more than £18,000.
Metrow Foods (Grays) Ltd admitted breaching
the Water Resources Act 1991 by allowing a
large quantity of diesel to get into the brook
at Whitehouse Meadows, between Rayleigh Road
and Aviation Way, Eastwood, in August 2003.
Southend Magistrates fined the company £15,000
and ordered it to pay £2,604 costs after
it admitted that on or about 8 August 2003
it caused poisonous, noxious or polluting
matter, namely diesel, to enter controlled
waters, namely Eastwood Brook at Eastwood,
Southend-on-sea in the County of Essex, contrary
to s.85(1) Water Resources Act 1991.
The Environment Agency had to put booms and
oil absorbent material in the river before
calling contractors to clean up the spill,
after a member of the public notified the
Agency about oil in the brook..
Together with Anglian Water Services, the
Environment Agency traced the source to Metrow
Foods which had had a problem with a site
fuel pump. Samples from the brook matched
those taken from the premises .
Some of the diesel in Eastwood Brook had
bypassed the booms put down by the Agency
and had accumulated in the brook at Rochford
Hundred Golf Course. An oil film could also
be seen flowing past the inlet to Rochford
Reservoir, downstream, a local coarse fishery.
Altogether about 3km of the brook was polluted.
The company said that around 1,000 – 2,000
litres of fuel had been lost because a pipe
within the fuel pump had disconnected between
11.50pm on 7 August 2003 and 2am the following
morning. But an isolation switch inside a
building on site that would have prevented
oil being dispensed had been left on.
Diesel had been pumped into a bunded area
(an area with raised edges to contain leaks)
and onto the yard, and staff had put down
oil absorbent granules. This was later cleared
using a jet washer and the run-off went into
surface water drains.
The use of such oil dispersants in this type
of situation is not recommended by the Environment
Agency, which would have offered alternative
advice if it had been notified of the spill.
Managers at the site were unable to explain
to investigating officers how the pipe had
become detached from the pump but suggested
it could have been sabotage by intruders.
However, early morning staff had confirmed
that there were no signs of a break-in.
A week after the initial investigation, officers
found that within the bunded area there was
a disused surface water gulley which was a
direct pathway into the surface water drainage
system.
After the hearing, Steve Bewers of the Environment
Agency said: ‘Companies should assess the
environmental risks at their premises and
take action to minimise the likelihood of
materials escaping their control.
‘Proper bunding of oil tanks and pumps and
an effective emergency plan, might well have
prevented this incident and avoided significant
damage to the watercourse.
By 1 September this year, all oil stores
of 200 litres capacity or more must comply
with the Oil Storage Regulations, which require
effective bunding to be provided. Failure
to do so could result in an enforcement notice
being issued which, if not complied with,
could result in prosecution.’
