Officers from the Environment Agency first became aware of the pollution on 2 January 2005 after a member of the public reported that the River Ash at the end of their garden was covered in an oil like substance.

When Sarah Dover, an environment officer, inspected the river at Nutty Lane, she could smell diesel and could see oil iridescence on the water. The officer arranged for absorbent pads to be put across the river to trap and collect the oil and prevent it from spreading further. With the help of the resident she was then able to trace the oil upstream to the Henry Streeter (Sand and Ballast) Limited landfill site.

There were large puddles of red diesel on the site and a hose from a gas oil tank on the site was found lying on the ground outside the bunded area which had caused a large spillage. As she left the site Miss Dover saw a funnel, latex gloves and two empty canisters which showed that vandals were the likely culprits.

A number of water samples were taken but the river upstream of the site was clear of oil indicating that the spillage must be the source of the pollution.

The officer was unable to immediately contact the company until her office reopened on 4 January 2005 as the information on the company’s site board was not up to date. But when she visited the site again on 4 January 2005 she saw that a large area of the site affected by the oil spillage had been covered with a layer of sand and soil.
The company had found out about the spillage on 3 January 2005 but had failed to call the Environment Agency, contrary to its environmental spills procedure. If they had called the Environment Agency they would have been strongly advised not to cover up the oil as this hampered the investigation and the initial clean up of the site.

The company told the Environment Agency that the oil tank was used to fuel vehicles used on the site. They acknowledged that security was a problem but said that they believed the locked gate was enough to deter vandals and that only small vehicles could pass through the concrete pillars at the entrance.

They estimated that between 1,000 and 3,000 litres of oil had spilled on to the ground and no more than 200 to 400 litres could have been stolen by the vandals, due to the limited size of a vehicle which could enter the site. They also told the Environment Agency that the fence had been repaired and the site was now being visited more regularly.

The oil continued to leach out of the ground into the river for a number of days and was collected behind the booms in the Ash. The court heard there was no actual harm to fish or wildlife because of the dilution factor but that there was a clear potential for harm. A substantial clean up operation had to take place which the company paid for.

Sarah Dover, environment officer, said “Companies that keep oil on their premises must be sure that tanks and pipes are kept very secure to avoid both accidental spillages and the risk from vandalism. Oil pollution poses a severe risk to the environment especially the aquatic environment. Pollution Prevention Guidelines are available on the Environment Agency’s website and anyone who notices any environmental pollution, can contact our emergency hotline on 0800 80 70 60.”