Northamptonshire, UK - An oil spill at a former pie factory which was being demolished in Chester Road, Wellingborough was the responsibility of Deltatrax Ltd trading as BDS Specialists in Demolition, Northampton magistrates were told.
The company, pleaded guilty on Friday (20 August) to breaching the Water Resources Act and polluting the Swanspool Brook and was fined £5,000 and ordered to pay £5,073.28 costs.
Miss Claire Bentley, prosecuting for the Environment Agency, said the oil had polluted 700m of the brook and had necessitated a clean-up operation which involved both the Agency and clean-up contractors.
The offence came to light on Sunday 5 April when there was a report from a member of the public of pollution in the brook next to Castle Fields in the town. Oil was floating on the surface and an Environment Agency officer traced it back to a discharge pipe at the rear of the demolition site.
He placed booms down to try to stop it flowing any further. He could not get onto the site as it was locked and the security firm noted on the gate no longer looked after it.
On the following day he visited and found that there was evidence of an oil spill around an oil storage tank which was situated in a partly demolished building. It appeared that the tank contained red diesel.
Environment Agency officer Chris Willis went back to the discharge point and found thick oil seeping through an earth bank that had been containing some of the oil. He put down more booms and absorbent pads.
On a later visit Mr Willis was told by a member of the Deltatrax staff that there had been problems with intruders entering the site.
A drainage plan for the site, submitted as evidence by the Environment Agency in a previous case, showed a clear link between the area where the tank was sited and two areas where there was evidence of oil spill and the discharge pipe.
A representative of the site owner said he did not recognise the oil storage tank that was on the site and had no knowledge of its use there.
Company representatives failed to respond to a request from the Agency for an interview under caution about the issue, the court heard.
Miss Bentley said the risk of pollution was foreseeable as oil was being stored in a tank which had no secondary containment, was not bunded or secure.
Mr Gary Lewis, solicitor for the defendant, said that the company replaced the tank once the deficiencies were brought to its' attention by Mr Willis..
After the hearing Chris Willis said: 'Oil in the water can harm wildlife, affect fish and taint drinking water at very low concentrations. This pollution was avoidable and continued even after it was brought to the attention of the company.
'Responding to the problem straight away could have avoided this becoming such a serious matter.'
Deltatrax pleaded guilty to:
On or about 5 April 2009 you did cause poisonous, noxious or polluting matter, namely diesel or gas fuel oil, to enter controlled waters, namely the Swanspool Brook a tributary of the River Ise adjacent to Castle Fields, Chester Road, Wellingborough, Northamptonshire.
Contrary to section 85(1) and 85(6) Water Resources Act 1991.
