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Scottish Water fined for Irvine bathing water sewage spill

28 June 2010

EXT01 – D01

A sewage spill which contributed to the 2009 failure of Irvine Beach's bathing water has resulted in a £6,000 fine for Scottish Water

The water company pled guilty at Kilmarnock Sheriff Court last week (24 June) to carrying on a controlled activity, namely an activity liable to cause pollution of the water environment, by discharging sewage effluent from a concrete chamber manhole into the Firth of Clyde. The matter was investigated by the Scottish Environment Protection Agency (SEPA) and a report was sent to the Procurator Fiscal.

During the bathing waters sampling season, from 1 June until 15 September, SEPA officers carry out weekly visual checks on various key points such as storm sewage overflows and surface water outfalls. Fortnightly samples are also taken in order to assess the microbiological quality of the water. As part of this work the Irvine Harbour pumping station emergency overflow was checked on 19 June 2009, where the officer noted that there was a significant discharge coming from a manhole on the beach. Scottish Water was notified and a representative attended the scene.

Two days later a member of the public contacted SEPA's 24 hour pollution hotline to report a discharge coming from the same manhole. The duty standby officer for SEPA attended and found that the discharge was ongoing. On contacting Scottish Water he was advised that a problem at the pumping station had been identified and fixed. A visit that evening confirmed that the discharge had ceased.

However, when a further public complaint was received on 23 June, SEPA officers again found a discharge coming from the manhole. The discharge, which they took a sample off, was cloudy and had formed a channel running into the sea. The results of the sample were found to be typical of untreated sewage.

John McCabe, one of SEPA's investigating officers, said:

"The unauthorised discharge of sewage from the manhole on the beach into the Firth of Clyde at the tide line posed a significant risk to the health of visitors to the beach. As 23 June 2009 was one of the hottest days of the year, when the beach was at its busiest, adults, children and animals were all in close proximity to the discharge. The bacteria, pathogens and viruses present in untreated sewage may cause illness, especially as a result of ingestion or infection through wounds or cuts. In addition to the risk to public health and any visual impact, the amenity of the beach was also affected by odour.

"As Irvine Beach is a designated bathing water we take samples throughout the bathing waters sampling season, at least once every two weeks, to assess the microbiological quality which must meet specified mandatory standards. The sample taken on 23 June 2009 failed, contributing to an overall failure in the Bathing Waters Standards for the season. The discharge is almost certainly responsible for the exceeding the mandatory microbiological standards required for designated Bathing Waters."

Ends

Notes to editors

By way of information regarding the Bathing Water standards failure

• The bathing water season runs from 1 June to 15 September. 95% of samples taken during the bathing season must comply with the mandatory coliform quality standards in order for the site to achieve a mandatory pass level.
  
• The microbiological sample taken of the Irvine Beach Bathing Water on 23 June 2009 was found to exceed 15,000 FC/100ml. This exceeded the mandatory standard of 2,000 FC/100ml and was therefore classed as poor quality.
  
• Five microbiological samples taken prior to 23 June 2009 and 14 samples taken during the 2009 season after this were all of good or excellent quality apart from the final sample taken on 7 September. This was believed to be because of heavy rainfall and high river flows containing diffuse sources such as agricultural faecal runoff from fields and dilute effluent from storm sewer overflows rather than any specific failure of sewerage infrastructure. Had the discharge of 23 June 2009 not taken place it is highly likely that Bathing Water standards at Irvine Beach for the 2009 season would have passed.

The exact charge Scottish Water pled guilty to was:

• On 23 June 2009 at Irvine Beach, Irvine, Ayrshire at National Grid Reference NS 3037 3781 you Scottish Water did carry on a controlled activity, namely an activity liable to cause pollution of the water environment in that you did discharge sewage effluent from a concrete chamber manhole at the above locus into the Firth of Clyde without the authority of an authorisation under the aftermentioned Regulations; CONTRARY to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation 5 and 40(1)(a) and the Water Environment and Water Services (Scotland) Act 2003 Section 20(3)(a)