22-May-2006 - A Birkenhead
construction company has been fined £5,000
and ordered to pay £5775 costs for polluting
a Tarbock brook.
Huyton Magistrates’ Court was
told that D Morgan plc was contracted by the North
West Development Agency to demolish an old dam
wall and de-silt two lagoons at the disused Cronton
Colliery site. Foxes Bank Brook, which flows through
the lagoons, was to be temporarily diverted and
then realigned.
Prior to the works, the Environment
Agency issued a land drainage consent, which emphasised
the need to avoid pollution and minimise disturbance
of the brook. It did not permit any discharge
into the brook.
Before the work started, an
Environment Officer and Ecologist attended site
at the end of January 2005 and met with company
representatives to give pollution prevention advice.
The company was told that only clean uncontaminated
water should be allowed to discharge into the
brook. The company were further reminded of this
during a site visit on 18 February by which time
the works had started.
On 21 February 2005, the Environment
Agency received a complaint that the brook was
flowing black. Officers visited the site and saw
silty water being drained from the two lagoons
to settlement tanks, intended to settle out any
sediment before discharging it into the brook
through a discharge pipe. Inspection revealed
that black silty water was flowing from the pipe
into the brook.
Subsequent investigation established
that the operation to pump water from the lagoons
had been left unattended at a time when the company
was lowering the last of the water from the lagoons
above the level of silt. Silt had entered the
suction hose and discharged into the brook via
the settlement tanks until action was taken to
turn off the pump.
Sample analysis revealed high
levels of suspended solids, which highly polluting
and potentially harmful to aquatic life.
Speaking after the hearing environment
officer Mike Fenton said: "If pollutants
enter watercourses it can have a serious impact
on water quality and affect wildlife. We will
not hesitate in taking action against those who
fail to control pollutants from entering watercourses,
causing environmental damage.
"The discharge was avoidable
with the exercise of proper care and supervision.
The company was fully aware of the need to avoid
pollution and had previously received pollution
prevention advice from the Agency."
Companies can find out about
their environmental responsibilities by contacting
the Environment Agency on 08708 506 506 or visiting
www.netregs.gov.uk. Members of the public can
report environmental incidents by contacting 0800
80 70 60.
Notes
On Friday 19 May 2006 at Huyton
Magistrates’ Court, D. Morgan plc, of Argyle Street
in Birkenhead, pleaded guilty to the following
offence:
On or about 21 February 2005
at land at Cronton Road, Tarbock, Merseyside he
caused polluting matter to enter controlled waters,
namely Foxes Bank Brook, contrary to section 85(1)
and section 85(6) of the Water Resources Act 1991.
