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£3,000 fine for 9-mile oil slick branded 'meaningless'

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Published Date: 16 July 2008
ENVIRONMENT groups have hit out after a firm was fined just £3,000 for an oil slick that spread nine miles across the Firth of Forth.
Ondeo Industrial Solutions, which operates a waste-water treatment plant at the Grangemouth oil refinery, had faced a fine of up to £40,000 under environmental laws. After carrying out maintenance work in heavy rainfall, water contaminated with oil r
an from its plant in Grangemouth as far as the Forth Bridges in July last year.

The Firth of Forth is a Special Protection Area due to its important habitats and populations of wading birds. Duncan McLaren, chief executive of Friends of the Earth Scotland, branded such a low fine "meaningless".

"Scotland has a history of poor enforcement of environment law and this is unfortunately all too typical in that even when a gross polluter is taken to court, they walk away with a fine which is utterly pennies in comparison with corporate resources," he said.

Lloyd Austin, head of conservation policy at RSPB Scotland, agreed there was a history of fines being lower in this country than in England and Wales. "There's a history of them being so low that they don't provide an effective deterrent," he said.

Falkirk Sheriff Court heard yesterday that Ondeo was carrying out maintenance work in a storm water plant in July last year when it was inundated with heavy rainfall.

It was missing half its storage space because sludge was being cleared that had built up inside, as well as one of its three "separator pipes", designed to remove oil from waste water in heavy rain.

As a result, the company pumped water containing 103 milligrams of oil per litre into the Firth of Forth, compared to 90mg allowed by the Scottish Environment Protection Agency (Sepa).

Fiscal depute Graham McLachlan told the court: "It would be fair to say there was a significant aesthetic impact – the oil was a blot on the landscape. The slick was dispersed as far as the Forth Bridge, a landmark in the area."

He said fortunately the oil slick hit at a time of year when the number of birds was low, and there were no reports of oiled birds or fish. He added: "Mercifully, the environmental impact was much reduced."

Yvonne Waugh, defending, told the court Ondeo had made efforts to ensure that a similar incident could never happen in the future. She said the flow of effluent was far higher than usual due to heavy rainfall.

"It was considered safe at the time to carry out the maintenance as it was not thought the levels would be so high," she said.

Sheriff Craig Caldwell said the firm should have a contingency plan for extreme weather.

Ondeo, based in Bo'ness Road, Grangemouth, pleaded guilty to one charge of carrying out a controlled activity likely to cause pollution of the water environment on 4 and 5 July last year.

No-one from Ondeo was available for comment last night.





Page 1 of 1

  • Last Updated: 15 July 2008 9:30 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

Fanling,

Switzerland 16/07/2008 02:12:29
I know this is relative, and possibly inconsequential in the bigger picture, but farmers all over the north-east of Scotland (and elsewhere no doubt) regularly leave half-mile and more trails of sh!ite on the roads, transferring dung from one field to another.

They are required by law to clean up, but they don't. Not ever. Try driving at 50-60 mph only to hit a patch of slippery cowsh!t ... It's not fun. Covered by snow it's a major hazard unseen.
2

Regulator,

Atyrau 16/07/2008 06:59:52
There are murders and rapists out there that the authorities don't have the time or money to prosecute, yet we spend a fortune on judges, prosecuters and no doubt enforcement officers to fine a company GBP 3000 for what appears to be a one-off discharge which has 13 milligrams of oil per litre more than permitted by regulation. I honestly think we should be looking at how we prioritise things.
3

Regulator,

Atyrau 16/07/2008 07:04:33
We have murders and rapists that the authorities don't have time or money to investigate and prosecute, but we spend a fortune employing judges and prosecuting council to fine a company
4

Sprite256,

edinburgh 16/07/2008 07:36:10
What a load of nonsense. It looks as if the case should never have been brought to Court. As others say there must be better things to do with our time and public money
5

conservative,

Fife 16/07/2008 07:48:13
#4 Couldn't agree more. There are higher priorities than chasing a company that's doing its best in terribly bad conditions and still manages to almost meet the regulations. Environmentalists sometimes have no concept of the world they live in.
6

Marcus Fenix,

The Valley 16/07/2008 09:02:23
The envirnomentalists could get the pixies and fairies that inhabit their world to come and magic all the pollution away.

Meanwhile, back in the real world...
7

Hairy Canary,

Edinburgh 16/07/2008 09:16:47
mmmm sounds like most of the comments made so far may have been made by people who are employed by the company or know people who are.

The environmentalists are living in the real world - aware that our choices are continuing day by day to ravage natural resources and incrementally destroy the planet which we depend on for our survival. This particular incident may seem like 'drop in the ocean' but, bit by bit the damage caused by industry and mindless consumption may eventually leave us with an environment which is uninhabitable, say in 60-80 years. The environment should be protected, but instead human beings treat it as though its resources are endless.
8

Himself,

Cambridgeshire 16/07/2008 09:20:11
This company should have to pay the full cost of the cleanup and the same again as a fine.
9

Hairy Canary,

Edinburgh 16/07/2008 09:34:10
What will just £3000 actually pay for?

As #11 points out, they should have been made to pay for the clean up of their mistake and then fined for breaking industrial laws. Thats why these laws are in place...supposedly.

Previous comments seem to think this one incident is simply a one off which should have been ignored. Environmental injustices are happening throughout Scotland, and usually to those who are already socially disadvantaged. Wake people and see whats happening to your own country, don't join the tabloid brigade, find out some facts, look around...THINK FOR YOURSELF!
10

Eddie the Eagle,

Aberdeen 16/07/2008 10:09:15
#12, This is extremely low level pollution that won't require a clean up bill as the sea will naturally disperse the miniscule amount of oil, which is an organic compound generally derived from sealife anyway.

Perhaps the judgement was made based on the company having decent containment proceedures in place, unfortunately finding that the proceedures wern't sound in the case of every unlikely event, and updating them accordingly.

There is always huge hysteria about oil and the environment. Companies in the Petroleum and Petrochemical sectors are subject to far greater environmental controls and scrutiny than in any other sector. And 99% of the western companies employ significantly tighter environmental controls and policy than the legislation requires.
11

buller,

16/07/2008 10:11:38
Absolute Joke, what about costs for the court procedure , charge for clean up, then a fine , pays to do nothing EH ?
12

Miss Pixie,

formerly of Dinleyhaughfoot Cottage, Roxburghshire 16/07/2008 11:32:12
Is it beyond the wit of man (or company) that one must clean up after oneself? #11 has the right idea!
13

TimW1234,

Ottawa, Canada 16/07/2008 12:13:55
#8

You are full of it.

Environmentalists know only too well the world they live in and the consequences if we do not do something NOW or our children and grandchildren will live in a world of smoag, increasing temperatures and sea levels, increased skin cancer, the desertification of many areas now fertile, and ohter consequences of ignoring the early-warning signs of a world out of balance (Koyaanisquatsi).

I don't know why you made such an irresponsible statement. The fine is ludicrously low and will not be a deterrent for that companyies and others like it to continue to polllutte with seeming impunity.
14

Straight Thinker,

Scotland 16/07/2008 12:26:36
Definitely agree with Regulator above. Because rapists and murderers exist we should definitely allow the Forth to turn into a giant oil pond.

It's disgusting that public money is wasted on prosecuting these well-meaning, hard working firms. They are, after all, the engine of our economy. If that means that all our beaches become unusable then that's a price worth paying.

I can't beleive there's tree hugging freaks out there who suggest that spending money on nonsense like this is more important than building more roads and paying consultants. Bring on progress - that's what I say.
15

Regulator,

Atyrau 16/07/2008 12:32:54
I truely believe in conserving our resourses and looking after our environment, however it is clear from the report that there has been a small breach of the acceptable limits (90ml vrs 103ml) but describes something akin to the Torry Canyon situation (9 mile slick). This kind of action and reporting does a dis-service to getting people more environmentally aware. I turn off the light when I leave a room, turn off the power to the tv or computer at night, walk to the shops when I can avoid taking the car, because on a grand scale this makes a positive difference. As can been seen from the above differences of opinion the court action and fine has had the opposite effect. I also believe we should be prioritising the protection of people. ps I do not work for the company and have never heard of them before reading the article today.
16

Findlay Thompson,

16/07/2008 14:04:44
#1

Fanling,Switzerland

Are the Swiss Alpine roads free from cow Jobbies?

I believe not, personally I was thrown from my m/cycle back in 1995 traveling at a mere 80 Kph all because of cattle faeces layering the road at the critical point on the bend.

Maybe we should make it a Euro-wide ruling that farmers must clean up the cow droppings and have the ruling enforced by the local Police force.
17

Fanling,

Switzerland 16/07/2008 18:58:19
#17 Findlay Thompson

Nope, the country roads are often well-endowed with the brown stuff. You discovered the hard way - or the soft way, if they're newly-laid. Sympathies from an ex-biker.

Agree with the sentiments in your last para, but Switzerland is not an EU member. As for police forces getting a grip on this ... that's the stuff of dreams. They're too busy nicking people doing a touch over the speed limit than enforcing accident prevention.
18

King Banana,

Edinburgh 16/07/2008 20:56:58
#2 - "There are murders and rapists out there that the authorities don't have the time or money to prosecute, yet we spend a fortune on judges, prosecuters and no doubt enforcement officers to fine a company GBP 3000 for what appears to be a one-off discharge which has 13 milligrams of oil per litre more than permitted by regulation. I honestly think we should be looking at how we prioritise things."

Exactly. Because most people who commit murder do it once, usually in the heat of the moment and often as the result of alcohol/drug use. However a company that gets away with causing pollution will do so again and again and again until our seas are lifeless, our hedgerows silent and our lungs are full of carcinogenic dust. Yes, we should prioritise. We should make sure that no company will risk a spill because they will face fines of such a highly punitive nature that will never do it again. Plus I think they should send at least one board member to jail for it - and not a cushy jail - a real jail where they be afraid to pick up the soap.
19

MIncepie456328,

Alba 16/07/2008 21:48:34
A Cheap Slick...
20

Kimmer,

Chicago 16/07/2008 23:00:25
As a person of Scots descent, and a person who does her best every day to 'walk the talk' of being pro-environment, I find this so-called fine levy appalling. I'm certain my family members who came over the Atlantic to New Brunswick, and from there to the US, are turning over in their graves. I realize the US isn't much better as far as our environmental record goes, but at least the fine levies are closer to the CEO's pocketbook. (Once they're collected that is.)
21

Murray in Canada,

Salt Spring Island 16/07/2008 23:40:01
The amount released seems small, but so does the fine. Question: who sets the fine amount? What is it (min, max)? Can legal costs be retrieved? - Whatever the answers, the whole business should be improved / made more realistic, draconian even. Actually this is a fairly constant observation of mine [and others, God knows], that the punishment rarely fits the crime.

 

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