Dealing with environmental damage

Mid Devon District Council is thought to be have been the first council to make use of the Environmental Damage (Prevention and Remediation) Regulations 2009. Simon Newcombe explains what was involved.

The incident Mid-Devon Council had to deal with was a spill of kerosene heating oil at a residential property, caused by a fuel company road tanker delivery. A mistake was made and the oil transferred to a redundant tank rather than to the correct location which was a new replacement tank/supply system.

The fuel wholesale company admitted they had been informed about the replacement tank and confirmed their administration/driver error.

For a period of hours following delivery, oil leaked from the old tank via the disused fuel pipe which had been cut at the point of entry into the property. The oil subsequently entered the ground and soaked through the wall/floor into the living space inside. The residents including children quickly began to suffer nausea, headaches and sore throats due to kerosene vapours.

Following a site visit and risk assessment we decided that the EDR applied since:

1. the Regulations had come into force
2. a dangerous substance had entered the ground
3. the spill was caused by an economic activity i.e. the fuel company
4. none of the exemptions under EDR appeared to apply, and finally
5. there were adverse effects on the health of the residents.

Having determined that environmental damage had occurred as defined by EDR then the onus was on us, as the enforcing authority, to use the regulations to put that damage right.

Having ensured that emergency action had been undertaken to prevent further spillage and to secure alternative accommodation for the residents, we formally confirmed to the fuel company that environmental damage had occurred in accordance with Regulation 18 of EDR and specified a date by which remediation proposals should be provided in writing.

We then liaised closely with the company, their insurers/spill response contractors and the residents to agree the remediation proposals.

The implementation of the remediation was controlled via our subsequent service of a Remediation Notice (Regulation 20 EDR) which specified the remediation strategy, the clean-up targets, reporting/verification requirements and completion date. Satisfactory remediation was carried out and the Remediation Notice subsequently discharged with the residents once again able to enjoy the full amenity of their property.

Following a case review we concluded that EDR was relatively quick and straightforward to use – LACORS notice templates helped – and it certainly focused attention on dealing with the incident promptly/effectively and provided clarity as to the requirements on relevant parties.

The insurance loss adjusters also admitted that it assisted them in gaining approvals to undertake investigations and remediation more quickly and comprehensively that would perhaps have previously been the case.

EDR also provided a clear framework for consulting with the residents and helped us to keep them fully informed at all times. Thankfully no other receptors were affected by the spill (for example controlled waters) which may have resulted in a more complex case involving other relevant persons.

The definition of ‘adverse effects on human health’ is certainly more flexible and easier to apply under EDR compared to the complex SPOSH or actual harm requirements regarding human health risk assessment under Part 2A of EPA1990.

We were also aware of Regulation 25 of EDR from the outset and kept a detailed log of our enforcement time/costs and have subsequently billed the fuel company for recoverable costs.

Simon Newcombe is lead officer for environmental protection at Mid Devon District Council. He can be contacted on 01884 244615 or via This email address is being protected from spambots. You need JavaScript enabled to view it..