Fine for solvent supplier

Solvent supplier and waste processor, Solvents with Safety Limited (SWS) was fined recently for polluting the sewer network around Doncaster last year in a private prosecution brought by Severn Trent plc.

The company pleaded guilty at Doncaster magistrates court on 29 June to breaching section 111 of the Water Industry Act 1991.

The court was told that on 12 May last year, large amounts of a solvent entered the sewerage system and found its way to the Harworth treatment works. The pollution was traced back to the SWS site, ten kilometres south of central Doncaster.

Sewage treatment systems are not designed to process solvents, some of which can kill the micro-organisms used to biologically remove contaminants in wastewater.  The presence of such organic compounds can have a devastating prejudicial effect on treatment works, allowing raw untreated sewerage to pass through for release to the local environment.

A spokesperson for SWS said that it was believed that a former employee had broken into the site and deliberately emptied ten solvent tanks, leading to the release to drain after the bund was overwhelmed.

To many, this may seem like like an appropriate defence.  However, organisations have "strict liability" in law and are directly responsible for the acts of trespassers - the argument being that, if an organisation does not store pollutive substances on land in the first place, there can be no release.

Using "layers of protection" to avoid a release - a belt-and-braces approach

Businesses that store large quantities of potentially contaminative substances, including oils, diesel and other fuels, solvents, and other chemicals, should review arrangements for safe storage and ensure that they are not overly reliant on just a single method of protection.

So, for instance, if you store polluting liquids in tanks, ensure these are provided with secondary containment or bunds.  But don't just rely on bunding - consider other controls that you could employ that will prevent these materials entering the sewer or surface water drains if your bund is overwhelmed or fails.

When developing a "layers of protection" approach, businesses should consider complimentary yet fundamentally different mechanisms - so, instead of two belts or two sets of braces to hold up your trousers, use a belt and braces together!

This way, if one mechansim fails, your secondary (or even tertiary) protection should survive to do its job.

Secure your site

Given that businesses are not only responsible for their own actions - negligent or otherwise - they are also responsible for the actions of trespassers and vandals, it makes sense to ensure your facility is secure and that you have sufficient security arrangements in place to prevent unlawful access to dangerous substances.

2.1m high pallisade fencing to your boundaries, CCTV, access control, alarms and physical guarding can all play a part.  

Most large chemical, oil and gas, and pharmaceutical sites that store large quantities of polluting liquids will already have good quality security arrangements in place - but smaller sites handling chemicals, as well as distribution centres that store their own vehicle fuels, may need to do more.  Construction sites are of particular concern, as these are often a source of amusement for local children who may deliberately empty fuel bowsers without realising the consequences of their actions.

For help in assessing your arrangements for spill protection and control, including devising layers of protection systems or for your spill response training and spill-kit requirements, please contact us for a no-obligation consultation and to discuss your needs in greater depth.