Failure to self-monitor linked to pollution incidents
Treatment plant
The pollution incidents arose from the sewage treatment plant at Thoresby Hall, Nottinghamshire and caused pollution of the River Meden. The incidents occurred over a period from April 2015 to September 2017 at the hotel owned by Bourne Leisure Ltd (B).
How did it happen?
B’s permit allowed it to discharge 141 cubic metres of effluent each day, arising from its swimming pool, commercial kitchen and toilet/ washing facilities. But in doing so the company was required to adhere to strict rules about the levels of biochemical oxygen demand, ammonia and suspended solids. It had a private sewage treatment plant and its safety procedures and equipment ought to have ensured that it met its obligations. But not all went to plan.
What happened?
When the treatment process failed, automated systems should have alerted staff to dangerous contamination levels, but the equipment had stopped working. There were also further problems with the machinery which should have prevented fat, oil and grease running into the river from commercial kitchens.
The failure of the monitoring equipment was not picked up by staff and this allowed the pollution incidents to be repeated. Further to this, manual checks, during which staff were to record pollution levels and report them to management, did not happen consistently.
The EA’s role
It appears that the three incidents were flagged by Environment Agency (EA) officers conducting routine monitoring in the vicinity. On one occasion a milky cloud of pollution 15 metres long was spotted in the River Meden. On another, when EA officers suspected that treatment had failed, B brought in tankers to ship away contaminated waste thereby preventing pollution.
The officers took a number of samples and looked through the hotel’s own testing records and eventually concluded that, although the impact on water quality had been fairly limited, B should be charged with breaching its permit conditions.
Consequences
B admitted three counts of contravening its environmental permit. It was fined £30,000 for each offence, totalling £90,000 and was ordered to pay £44,518 in costs.
Tip 1. If you have a water treatment plant, your environmental permit will designate the self-monitoring arrangements you must have in place. Audit periodically that these are working - including manual checks that all of your equipment, including automated monitoring, is operating effectively. It’s never a good idea to wait until a passing EA officer tells you all is not well, as it will almost inevitably lead to court action.
Tip 2. Ensure that staff given responsibility for checks and testing are fully instructed, including knowing what action to take if the expected parameters are exceeded. Have a contingency plan for times when your main designated staff member is away.