5-May-2006 - On 4 May
2006 at Redditch Magistrates Court, three companies,
Castlemore Securities Ltd, Mowlem Plc and Severn
Trent Water Limited, were fined and ordered to
pay a combined total of nearly £37,000 in
costs.
The charges were brought against
the companies after a temporary sewer pipe, adjacent
to the River Stour at Puxton Marshes, Kidderminster
became blocked and leaked thousands of gallons
of raw sewage into the river and surrounding area
in May 2003.
Martin Diggins, Counsel for
the Environment Agency, told the court the pipe
had been built by Mowlem Plc on behalf of a developer,
Castlemore Securities Ltd. Castlemore Securities
Ltd carried out the works, in connection with
a scheme to develop the nearby Crossley Retail
Park. The temporary pipe was attached to foul
sewer drains owned and operated by the third defendant,
Severn Trent Water Limited.
All three parties had agreed
that Mowlem Plc would inspect the pipe on a twice-weekly
basis for any blockages that could cause the manholes
to overflow. These inspections were arranged due
to two previous pollution incidents involving
the temporary pipe.
Each company was prosecuted
under section 85 (1) of the Water Resources Act
1991 for causing polluting matter to enter controlled
waters.
Mowlem Plc was fined £14,000
and ordered to pay costs of £8,800.
Severn Trent Water Ltd was fined
£6,000 and ordered to pay costs of £19,142.52.
Castlemore Securities Limited
was fined £5,400 and ordered to pay costs
of £8,800.
Speaking after the case Terrence
Broadbent, an Environment Agency Officer involved
in the investigation said: ‘This case highlights
how careful construction contractors need to be
when working on major projects near sensitive
areas such as Puxton Marshes. We want building
contractors to examine their working practices
closely, to ensure they can prevent pollution
incidents in the future.’
For the Environment Agency Martin
Diggins, told the court that on 5 May 2003 an
Environment Agency Officer visited a site at Puxton
Marshes, Kidderminster after a local dog walker
reported seeing sewage escaping from the foul
sewer to Severn Trent Water Ltd. At the scene
the officer observed that a large field had been
flooded with liquid sewage effluent from an overflowing
manhole and was entering the River Stour at two
locations.
The following morning Environment
Agency Officers returned to the site to see what
progress had been made to stop or limit the pollution.
They noted that work had been undertaken to limit
any further sewage escaping from one pool and
entering the river.
Approximately 90,000 gallons
of liquid sewage effluent was removed from the
site along with a skip full of sewage waste in
the week after the incident. The results of water
samples taken from the River Stour on the 5th
May 2003, confirmed that sewage had entered the
river.
The judge said in sentencing
that "this was an accident waiting to happen"
given the previous history of the site.
The judge also accepted that
there was no long-term harm to the environment,
though this was more a "matter of good luck,
not judgement". The issue for the judge was
the risk of harm to the environment, which was
unacceptable.
In sentencing, the judge said
that Mowlem Plc was primarily responsible for
the pollution, although Severn Trent Water Limited
had a clear responsibility for the pipe and Castlemore
Securities Ltd had not shown sufficient interest.
The fact that Castlemore Securities Ltd had contracted
Mowlem Plc did not relieve them of their responsibility.
In mitigation, the judge commented
that the environmental impact was low and the
prosecution was not brought on the basis of intent.
He specifically gave credit to Severn Trent Water
Ltd for their swift response and remediation work.
More information
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request from using the press office. Please use
the contact details above.
This incident occurred in relation
to a sewer diversion pipe built by Mowlem Plc
as agents for and on the instruction of Castlemore
Securities Limited. The pipe was part of a more
general program of works known as the Kidderminster
Flood Alleviation Scheme. The sewage that entered
the sewer diversion pipe was the responsibility
of Severn Trent Water Ltd.
