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This case relates to one of the few case law developments so far arising through the Part llA contaminated land regime, which arose from what is almost definitely the largest groundwater contamination plume in Europe: 20km of bromate in the Chalk aquifer of Hertfordshire. The contamination was caused by Steetley Chemicals which used to make bromide and bromate at a site in Sandridge. Crest bought the site in 1983 and built 66 homes before selling on in 1987. Their remediation was inadequate, and in fact the latest judgement highlights that their remediation made the problem significantly worse than it was already. The latest development is that Crest Nicholson and Redland Minerals (now part of Lafarge) have both failed in their appeal against the remediation notice brought by the Environment Agency in 2005. ESI assisted the public inquiry in this case with expert evidence (we understand this was the first public inquiry to be held on Special Site enforcement action under Part 2A of the Environmental Protection Act), and this decision by the Secretary of State will now lead to further investigations to further determine measures that can help manage and reduce the impact of this major contamination event. The case is unusual in that it arose specifically from the introduction of more stringent drinking water standards (new Drinking Water Regulations which came into force in December 2003), which then led to Veolia and Thames Water incurring significant costs through the new requirement to ensure that wholesome drinking water supply could be achieved to meet the new bromate standard. The water companies estimate that about £3M of cost over 10 years will be required to manage the problem from their point of view. Veolia has already spent a further £13M, and has had to give over its Hatfield pumping station to pumping bromate contaminated water to sewer for treatment. Long term management and further costs are inevitable in this case, and the plume is complicating other land uses across a considerable area. Please contact Mark Fermor at ESI on 01743 276100 (email) if you would like further information or would like to discuss the implications of this case. |
