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Nicholson's fined for turning brook blue

30th September 2010
Page 22
Page 22, 30th September 2010 — Nicholson's fined for turning brook blue
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Environment Agency prosecutes haulier following the spillage of a liquid wood preservative into a stream

TEESSIDE HAULIER Nicholson's Transport has been fined £10,000 after a toxic chemical leaked from one of its trucks and turned the water in a small brook dark blue.

At Darlington Magistrates' Court, in a prosecution brought by the Environment Agency (EA), the Billinghambased haulier, and driver Nigel John Draper, 43, each pleaded guilty to a charge of causing liquid wood preservative Wolmanit CX 8 to enter a tributary at Shotton Beck at Sedgefield. County Durham, in June last year.

The court heard how Draper's curtainsider truck had been transporting a bulk container with about 1,000 litres of the preservative inside.

According to Draper, something sticking out from a van he was overtaking caught the side of his vehicle, tearing the curtain and puncturing the container.

Draper stopped and saw liquid pouring into the grass verge, but was unable to open a box containing equipment designed to contain leakages.

He phoned the Nicholson's office and was instructed to use shrink wrap around the hole, but could not find any.

The liquid had run into roadside drains and entered the tributary at Shotton Beck. As a result an 80m-stretch of the watercourse beyond the A177 had turned dark blue in colour.

Nicholson's arranged for contractors to pump out the polluted water on the same day as the incident, and tanker it away for disposal, at a cost of about £9,000.

About 700 litres of Wolmanit CX 8 had leaked out. Nicholson's was fined £10,000 and ordered to pay EA costs of £1.875, while Draper was fined 1300 and ordered to pay costs of £330.

Barrister William Byrne, acting on behalf of Draper, said as a result of the incident, his client had been dismissed for gross misconduct.

The court heard how neither defendant had a previous record for environmental offences and both had fully cooperated with the EA investigation.

However,Trevor Cooper, prosecuting, said the failure of either defendant to notify the EA of the spill was an aggravating feature, as was the lack of action they took to contain the liquid.

In mitigation, the magistrates heard that since the incident the company had put in place new procedures to be followed by all drivers in the event of spillages.


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