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A Shetland based construction and civil engineering company was fined £3,500 today (25 February 2010) for an oil spill which polluted the East Voe at Scalloway.

M K Leslie Limited, based at Staney Hill Quarry, Lerwick, pled guilty to carrying out an activity liable to cause pollution of the water environment by using a fork lift to lift and move an unbunded, single skinned, corroded oil storage tank onto a surface not protected by an impermeable barrier. As a result the oil storage tank ruptured and lubricating oil leaked into the ground which then entered a sub-surface drainage system. This ran into a neighbouring field and then into ditches, ultimately ending up in the East Voe. The report was submitted to the Procurator Fiscal by the Scottish Environment Protection Agency (SEPA).

Following complaints from several members of the public reporting the presence of oil in East Voe, SEPA officers attended the site to investigate and traced the source back to the former bus depot at Lower Scord used by M K Leslie Limited.  On attending the site officers found a large, corroded metal oil tank at the rear of the site which was sitting at an angle propped up by a single concrete block. The tank appeared to be ruptured, and oil was observed on the ground at one of the corners.  An oil stream was evident in an adjacent field, emerging from the base of a bank of earth at the boundary between the field and the former bus station. The oil, which was black, viscous and gave off a distinct odour, flowed across the field in a southerly direction and entered a culvert under the A970 road, and then into the East Voe. Staff from Shetland Islands Council were involved in the clean up of the site.

Sample analysis carried out confirmed that the oil from the tank was the same oil that had entered East Voe. It was estimated that 3,253 litres had escaped into the water environment.  Following the incident, a dead oiled Kittiwake was found.

Investigating officer Duncan Goudie said:

"Failure to provide bunding for this oil tank and to carry out appropriate maintenance on the tank resulted in the pollution of the East Voe at Scalloway. 

“SEPA would urge members of the public to inform us of any pollution incident as soon as possible so that early investigations and effective action can be taken. Guidance on the storage of oil and the prevention of pollution are available from SEPA.”

SEPA’s Colin Bayes, Director of Environmental Protection and Improvement said:

"We want to help people avoid pollution and advice on how to do that is easily available from our staff, offices and www.sepa.org.uk. The NetRegs website, www.netregs.gov.uk , also offers clear guidance on environmental rules and regulations.”

“However, if a pollution incident occurs, we urge anyone to let us know straight away by calling our 24 hour pollution report line, 0800 80 70 60, giving as many details as possible so effective action can be taken."

Ends

Notes to editors

The exact charge M K Leslie Limited pled guilty to was:

• On 16 October 2008 at the premises formerly used as a bus station, Lower Scord, Scalloway, Shetland you M K LESLIE LIMITED did carry on a controlled activity namely an activity liable to cause pollution of the water environment in that you did, by means of a fork lift, lift and move an unbunded, single skinned, corroded oil storage tank onto a surface not protected by an impermeable barrier whereby said oil storage tank as a result of said lifting and moving operation ruptured in consequence of which the contents of said oil storage tank, namely, lubricating oil leaked onto the ground, permeating said ground and a sub-surface drainage system and said lubricating oil thereby entered East Voe, Scalloway, Shetland 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 20(3)(a) 

Previous environmental convictions

• In January 2002 M K Leslie Ltd pled guilty to a charge under Section 30F(1) Control of Pollution Act 1974 (“COPA”) for causing or knowingly permitting any poisonous, noxious or polluting matter namely diesel/fuel oil to enter controlled waters, namely the Burn of Couster, Shetland.  The company was fined £750.
• In May 2006 M K Leslie Ltd pled guilty to a charge under Section 30F(1) COPA 1974 for causing or knowingly permitting any poisonous, noxious or polluting matter to namely diesel/fuel oil enter controlled waters, namely the Burn of Sound, Shetland.  The company was fined £1,500.