Holly
Smith - 7-Sep-2006 - On 6 September 2006 Vodafone
Limited and Power Electrics Limited were prosecuted
by the Environment Agency at Worcester Magistrates
Court in connection with the escape of gas fuel
oil into controlled waters namely the Salty Brook
and River Salwarpe at Wychbold.
Vodafone Limited pleaded guilty
to two charges, one of which related to polluting
the River Salwarpe, the company was fined £5,000
and ordered to pay costs of £1254.99.
At the same hearing, Power Electrics
Limited pleaded guilty to four charges relating
to the installation of a gas fuel oil tank in
the proximity of the River Salwarpe and Salty
Brook. The company was fined £3,500 and
ordered to pay costs of £1,255. The Environment
Agency brought the charges under the Control of
Pollution (Oil Storage) (England) Regulations.
Speaking after the investigation,
Susan Harris an Environment Agency officer involved
in the case said: "It is very important to
identify potential sources of pollution that may
threaten a sensitive environment; in this case
the area around the Salty Brook is designated
as a Special Wildlife Site. For many years oil
has been the most common pollutant reported to
us, most problems are caused by oil leaking from
tanks either during delivery or storage.
It is essential that businesses
and companies recognise their responsibilities
to protect the environment. We will not hesitate
to take action when we feel the rules have been
ignored."
For the Environment Agency,
Patrick Howell told the court that on 15th January
2005, reports were received from a local farmer
that there was oil in the River Salwarpe. Environment
Agency officers attended the scene and found the
river upstream and downstream from the road bridge
on Ford Lane, Wychbold, Droitwich was discoloured
by a rainbow-coloured film on the surface of the
water. There was also a strong smell of diesel
near the bridge.
The oil sheen was tracked back
for about half a kilometre upstream and along
Salty Brook, a tributary of the River Salwarpe,
to a telecommunications mast owned by Vodafone
Limited. Nearby was an excavated trench being
prepared to take mains electricity to the mast
however this was full of diesel. The brook was
heavily discoloured red at two distinct points
downstream of the communications mast and fuel
tank, with a film of fuel oil extended along a
stretch of the River Salwarpe, designated a Special
Wildlife Site.
The Environment Agency used
absorbent material placed at intervals along the
river to contain the oil in the short term. There
was also contamination to the ground as well as
the brook and consequently the Environment Agency
assisted in the full-scale restoration programme
that was carried out.
The court was told the diesel
tank had been sited less than 10 metres from Salty
Brook, which was in breach of the Control of Pollution
(Oil Storage) Regulations. Gas fuel oil had been
leaching from contaminated ground within the compound
surrounding the mast.
Vodafone Limited was unable
to explain how the oil had come to contaminate
the watercourse and the ground. Power Electrics
Limited had been contracted by Vodafone Limited
to supply the fuel tank and generator and it was
Power Electrics who implemented the initial clean
up and funding of the long-term remediation of
the affected area.
In mitigation Mr Pugh for Power
Electrics Limited said that the company had paid
£75,000 towards clean up costs. He claimed
the company had recognised any environmental offence
is serious, the company reacted promptly to the
escape of fuel oil and the clean up had taken
6 months to complete.
Mr Kimblin for Vodafone Limited
said in mitigation that the escape of oil was
an offence of strict liability but the company’s
culpability had been low. They had entered a guilty
plea at the first opportunity. Vodafone had engaged
Power Electrics as independent contractors to
install, fuel and service the generator and tank.
