Coal Contractors LTD was fined £1,500, at Ayr Sheriff Court on 4th December 2000, for breaching their discharge consent conditions under the Control Of Pollution Act 1974.

Coal Contractors LTD 2000 (at Broomhill Opencast Coal Site, Drongan Road, by Patna, Ayrshire) plead guilty to having caused, or knowingly permitted, contaminated surface water to enter an unnamed tributary of the Boreland Burn, which flows into the River Doon.

Open-cast operators are allowed to discharge site drainage into rivers and burns but only in accordance with a 'consent' issued under the Control of Pollution Act 1974. Consents are granted by the Scottish Environment Protection Agency (SEPA) subject to conditions calculated to protect the watercourse. SEPA took a sample of Coal Contractor's discharge to a tributary of the Boreland Burn on 7th March2000. The sample was analysed and found to contain higher levels of suspended solids and lower PH levels than that permitted under their discharge consent conditions.

SEPA believes that the incident was caused by overdosing the discharge with coagulant which is used to aid settlement. The material used was liquid Allumex. Overdosing with this coagulant increases the acidity of the water (lowers the PH) which can affect aquatic life.

SEPA Ayrshire Team Leader, David Wilbraham:

"Opencast coal mining discharge can be very damaging to aquatic flora and fauna. SEPA's consents allow the discharge of site drainage to a burn, but proper management of the drainage is essential to avoid pollution. This case demonstrates that SEPA will not hesitate to use the available powers if site operators fail in their duty of good management of the water treatment system".