October 2010 - Haulier fined for chemical spill
Nicholson’s Transport Ltd and lorry driver Nigel Draper were both prosecuted after wood preservative spilled from Mr Draper’s vehicle into a river near Sedgefield. The liquid spilled from a 1,000ltr tank being carried on the lorry after it was punctured in transit at a roundabout between the A177 and the A689. The spill then made its way into a tributary of Shotton Beck.
Police used CCTV footage from nearby premises to trace the spill back to the Nicholson’s vehicle. Once contacted about the spill the company arranged for contractors to pump out the polluted water and take it away for disposal at a cost of more than £9,000.
While the company did take action to mitigate the effects of the spill, two particular criticisms were raised. Firstly, although the driver had been provided with equipment to contain a spill, he had not been able to open the box it was kept in. Secondly, the company had not notified the Environment Agency of the incident.
Mr Draper was fined £300 plus costs of £330. Nicholson’s Transport was fined £10,000 plus costs of £1,875.
This case serves to provide two lessons; firstly as a reminder to those who carry hazardous substances to have robust procedures in place to deal with spillages and other emergencies.
The second is the importance of Environmental Liability insurance as these are not losses that would be covered by your motor or public liability insurance. The Environmental Damage Regulations introduced in 2009 are targeted to make “the polluter pay”. Clean up costs and the associated costs of investigation or legal defence require a specialist Environmental Liability insurance policy to provide correct cover and we can advise and arrange this for you.
As public funding for all government agencies and quangos dries up there is an expectation that these bodies will be more active in pursuing those who breach regulations, as much as a source of government income
For more information or if you have any questions surrounding the information in this article please contact Crown House on 01777 861 861 or e-mail Jacky Millard
Motor Trade