Construction company Winvic has been fined for polluting a brook at the vast East Midlands Gateway site on the Leicestershire/Derbyshire border.
The Environment Agency said the construction giant was fined £160,000 and ordered to pay costs of more than £25,500 after admitting responsibility for the breach back in 2019.
It said Winvic Construction Limited, based in Moulton Park, Northampton, was working on the giant warehouse hub just off junction 24 of the M1, when run-off contaminated with clay caused “gross and chronic” pollution to Hemington Brook. There had been “unprecedented rainfall” at the time.
Wildlife in the brook was affected as a result of lower oxygen levels, according to the government body.
It said a member of the public got in touch when the brook started “running red with silt pollution” at the end of September 2019. The source was traced to an outfall near the development site which was the responsibility of the company.
The Environment Agency said staff told its officers a drain blocker had failed, allowing the contaminated contents of two ponds to drain into the brook.
In a statement the agency said: “High levels of suspended solids in water inhibit plant photosynthesis and lower oxygen levels.
“Solids can clog and irritate fish gills, further increasing stress. They can also smother fish spawning areas and invertebrate habitat.”
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This is what Winvic said:
“We acknowledge and regret the discharge of surface water containing Mercia Mudstone held in the East Midlands Gateway (EMG) site’s ponds into Hemington Brook in August 2019.
"Whilst Industry defined and agreed best practice mitigation measures were in place at the site, a number of factors combined to leave Winvic - in the words of the court, “between a rock and a hard place”.
“Due to the acknowledged heaviest period of rainfall in the area since records began, significant volumes of water built up in the approved siltation ponds on the site.
"This unforeseen event unfortunately attracted large numbers of migrating birds which presented a very real and potentially fatal risk of a bird-strike at the adjacent East Midlands Airport, conflicting with the requirement from the Environment Agency (EA) to hold and clean water prior to discharge.
"The decision was therefore taken to discharge water from the ponds in order to avoid the possibility of a more catastrophic event occurring – hence the “rock and a hard place” comment above.
"However, we accept that in doing so water containing suspended solids of Mercia Mudstone was discharged into Hemington Brook.
“The Mercia Mudstone naturally occurs not only on the EMG site but in the wider catchment area. Both the EA and the court accepted that the environmental harm caused by the water discharge was “minor and localised… incurring low costs through clean-up, site restoration or animal rehabilitation”.
"The construction work undertaken by Winvic on the EMG site was fully in accordance with a Development Consent Order granted by the Secretary of State, and more specifically, fully complied with the recommendations within the Construction Management Framework Plan and Construction Industry Research and Information Association (CIRIA) guidance.
"The Company, however, also implemented additional measures to treat the water and manage the site run-off.
"All flood prevention measures were endorsed by the EA before the project commenced. The additional measures employed by Winvic were reviewed by the EA and noted as being unprecedented in respect of water management.
"Furthermore, we are pleased that the measures have improved the pre-existing local situation, significantly reducing the risk of potential flooding at Hemington.
“Nonetheless, we have welcomed working with the EA throughout the process to ensure lessons could be learned and applied across the business.
"Winvic is committed to ‘Doing It Right’ and strives for continuous improvement in all areas. We continue to liaise with the EA on numerous projects to achieve successful outcomes.”
Ian Firkins, senior environment manager for the Environment Agency’s East Midlands Area, said: “We welcome this sentence which should act as a deterrent to other companies who breach environmental legislation.
“As a regulator, the Environment Agency will not hesitate to pursue companies that fail to meet its obligations to the environment.
“The conditions of an environmental permit are designed to protect people and the environment.
“Failure to comply with these legal requirements is a serious offence that can damage the environment and harm human health.”