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Scottish Water fined £2,500 for Campbeltown Loch sewage pollution

14 May 2010

Scottish Water was fined £2,500 at Campbeltown Sheriff Court on Wednesday (12 May) for illegally discharging untreated sewage to Campbeltown Loch in 2007.

The water company pled guilty in November 2008 to failing to comply with terms of their water licence by failing to prevent unnecessary spills, the case was deferred until 2009 to allow for a long term solution to be investigated and reported on. It was then deferred again for progress reports from Scottish Water and the Scottish Environment Protection Agency (SEPA).

Jim Frame, SEPA's investigating officer, said:

"In 2007 the persistent failure by Scottish Water to comply with the licence issued by SEPA resulted in prolonged discharges of untreated sewage when none should have occurred. Those discharges impacted on the quality and amenity value of the loch and understandably were of great concern to residents and local businesses. 

"The progress made by Scottish Water since that time has been encouraging and the next phase of improvements should build on this. SEPA will continue to monitor Scottish Water's operations in Campbeltown to ensure the events of 2007 are not repeated."

SEPA's Colin Bayes, Director of Environmental Protection and Improvement, added:

"SEPA has worked closely with the Crown Office Procurator Fiscal Service in bringing this important case to court. We provided reports to the court following the initial appearance in November 2008 that show illegal discharges of sewage were occurring frequently. Although they have now significantly reduced, they still occur, causing pollution of Campbeltown Loch. Also, timescales for complying with statutory notices were not met.

"SEPA is surprised and disappointed at the low level of fine imposed considering the serious and prolonged failure to comply with the law, but we note that the necessary investment is now being made by Scottish Water. We will continue to closely monitor the performance and will not hesitate to report any further incidents to the Procurator Fiscal should this be needed."

"We are extremely keen to make sure that environmental crime is taken seriously. We want to help people avoid pollution and will work with them to find solutions, but where pollution is significant or persistent, or is as a result of willful or negligent actions, SEPA will use its enforcement powers to protect the environment for the benefit of all of Scotland's citizens."

Background information

Kinloch Park Pumping Station pumps sewage from Campbeltown up to the waste water treatment works at Slaty Farlan. Overflows from the pumping station into Campbeltown Loch are only permitted during a period of significant rainfall and/or snow melt. During such instances the amount of water in the system can increase dramatically and the volume simply cannot be dealt with. The dilution effect of extra storm water in the system means the impact of any discharge to the water environment should be minimal.

However, between 1 January and 5 June 2007 untreated sewage was discharged into Campbeltown Loch without a storm event having taken place and so the licence conditions were not being met. These failures to comply with the licence were reported to the Procurator Fiscal by SEPA and resulted in a guilty plea in November 2008.

At the deferred sentencing diet in May 2009 SEPA reported that the inability of Campbeltown Waste Water Treatment Works to consistently treat the flows required by the licence had been demonstrated. As a result overflow events were excessive and had occurred at times other than during storm conditions.

However, SEPA also reported that the progress made by Scottish Water and its contractors in providing additional treatment capacity was encouraging. This would allow more sewage to be treated and reduce the need to shut off flows from the pumps, an action which can lead to a discharge of raw sewage through the combined sewer overflow pipe into Campbeltown Loch.

SEPA required Scottish Water to demonstrate that the existing foul pumps at Kinloch Park Pumping Station could consistently achieve the flow to treatment of 95 litres per second which was the figure claimed by Scottish Water. If achieved together with a proposed extension of the CSO, compliance with existing licence conditions could be expected and substantial environmental benefit would be achieved.

In the period May 2009 to March 2010 Scottish Water has made progress in securing improvements to the Campbeltown sewerage network and additional treatment capacity has been provided at the waste water treatment works.

Further improvements are expected and it is < SEPA's understanding that these improvements are scheduled to begin in April 2010. These will include:

• the removal of excessive spills from Campbeltown Harbour;
• refurbishment of Kinloch Park Pumping Station;
• the construction of a new storm water outfall at Campbeltown WWTW;
• increased final effluent treatment at the WWTW;
• pipework improvements within the Campbeltown sewerage network.

Ends

Notes to editor

Information on overflows and the conditions under which they occur are licensed under the Water Environment (Controlled Activities) (Scotland) Regulations 2005.

The exact charge Scottish Water pled guilty to was

• on various dates between 1 January2007 and 05 June 2007, both dates inclusive, and in particular between 01 January and 30 January, 11 February and 17 February, 19 February and 28 February, 1 March and 10 March, 11 March and 16 March, 18 March and 21 March, 23 April and 26 April and 3 and 4 June 2007 at Kinloch Park Pumping Station, Campbeltown, Argyll you SCOTTISH WATER did fail to comply with or contravene a water use licence (including any conditions imposed) namely Condition 3.6.1 of Licence Number CAR/L/1000560, namely that the discharge of storm sewage effluent shall occur only as a consequence of rainfall and/or snow melt within the sewered catchment, and consist only of flows in excess of the pass forward rate of 75 litres per second at the combined sewer overflow chamber in that on the dates before libelled the storm clearing tank within Kinloch Park Pumping Station discharged sewage effluent at times when the pass forward rate at said combined sewer overflow chamber was less than 75 litres per second; CONTRARY to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation 40(1Scotland) Act 2003 Section 20(1)