The past couple of weeks have seen the usual run of news stories about water pollution, commercial fire contamination and environmental pollution. In a world where the polluter pays, where those business that cause water pollution face clean up costs and  fines as well as the huge reputation costs, it’s absolutely critical that you are mitigating your risk. Here are three current, salutary tales to illustrate the point.

Derry farmer fined for ‘shocking’ levels of water pollution

The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 came into force in April 2018. They were designed to prevent manure, fertiliser and earth from farming getting into inland freshwater, coastal waters, springs, wells and boreholes, something we call diffuse water pollution. Eire has its own rules, thanks to the Local Government (Water Pollution) Act 1977 to 2007.

In late January a District Judge in Eire described photos of water pollution on a south Derry farm as ‘shocking’. A 900m stretch of the Grange waterway, part of the Moyola River system, was affected, with grey fungus growing on the water bed and a distinct stink of silage. The silage effluent was flowing into an inspection tank from an open field drain, itself smothered in white fungus, and silage effluent was flowing down an embankment to enter an open field drain.

The liquid inside the field drain was orange and also stank of silage effluent, and there was a build-up of the effluent going right back to the inspection tank. A sample was collected from the inspection chamber, which was discharging the stuff at a rate of about two litres a minute. The sample turned out to be ‘poisonous, noxious, or polluting’, potentially harmful to fish in the receiving waterway, risking the destruction of fish spawning sites and starving the creatures that the fish feed on. Proper spill containment would have saved the farmer from a £750 fine plus an offender levy. We have fines of tens of thousands of pounds in the UK for similar offences, maybe this farmer should be thankful that he isn’t north of the border.

Jersey airport water contamination suspected

A commercial fire can have unexpected consequences. When concerns were raised about potential water contamination in boreholes around the island’s airport, a pollutant used in firefighting foam was the prime suspect. On 30th January officers from Environmental Health visited homes in St Peter to take samples from five boreholes, streams and various bodies of water.

The tests were designed to pin down the presence of PFOS – perfluorooctane sulphonate – found in a water borehole when the owner asked for a test. It’s what is called a ‘persistent organic pollutant’, usually found in fabric treatments and firefighting foams. And at certain concentrations it may be carcinogenic.

Apparently the test results revealed ‘really low’ levels of the chemical, only just detectable and much lower than the WHO’s maximum recommended amount. It was also deemed safe by the EU and the UK’s own Drinking Water Inspectorate. But officials are taking every available step to investigate, to confirm if the pollution is an anomaly, a one-off, even a false negative reading. These investigations should reveal if there’s a broader issue that needs resolving.

So far the mystery remains. But officials know they can’t be complacent when faced with this type of substance. The water samples are also being tested for bacteria and chemicals, including nitrates, and the original borehole has been re-tested. Until the all-clear has been given nobody, especially pregnant women, nursing mothers and children under five, should drink borehole water.

In 2004 the US manufacturer of firefighting foam was fined £2.6 million when it was found to contain PFOS, which contaminated land and water. Major polluters of this kind in the UK can expect heavy fines, too.

Environmental pollution on Scotland’s construction sites

Every building site needs a site water management plan showing how they’re going to handle dirty water generated by the construction process. Silt-filled water, for example, is responsible for as much as 40% of building sector water pollution. Oil and related hydrocarbons are another issue, especially on redevelopment sites. And concrete wash water, with its surprisingly high PH of 12 to 13, is a big issue, being as powerful as an oven cleaning fluid.

Water pollution remains common on Scottish building sites, even though those responsible for a site’s operation are legally obliged to make sure water run-off doesn’t cause pollution. However, things should be looking up thanks to the Scottish Environment Protection Agency’s Levels of Controlled Activities Regulations, now just over a year old. Here they are.

1. The General Binding Rules cover low risk activities that do not need to be notified to SEPA
2. Registrations notify SEPA of medium risk activities and enable the Environmental Protection Agency to monitor any cumulative impacts
3. Licences for higher risk activities, including site-specific conditions relating to the activity, which also identifies the ‘responsible person’ tasked with compliance with the licence’s conditions

These days Scottish contractors must apply for a formal SEPA licence if the site is any bigger than four hectares. The same goes if it includes a road, track or another linear structure longer than 5km, or is on a slope steeper than 25 degrees. Best of all, the framework does away with the economic benefit some polluters used to enjoy when committing an offence. Now, enforcement action or a withdrawal of authorisation is on the cards if the licensed conditions aren’t met.

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