Court Case against an Alleged Surface Water Polluter Brought Under Section 209 of the Water Resources Act (1991) - Essay Example

?Court Case against an Alleged Surface Water Polluter Brought Under Section 209 of the Water Resources Act (1991) Litigants Plaintiff – Environment Agency (EA) Defendant – The Ltd. Company (The alleged polluter) Background The Environment Agency (EA) filed a suit against Ltd Company claiming that the company had polluted South Lake; the company pumped discharge from the site working into the South Lake and at the surrounding of the lake. The EA Area Pollution Control Manager filed a suit seeking the deferral of the installation of the new drinking water supply by the Ltd Company. The local Magistrate’s Court under section 209 of the Water Resources Act (1991) granted a hearing of the case and entered a summary ruling in favour of the Environment Agency (EA). Facts The two Environment Agency (EA) Technical Officers observed and photographed the silt water that spreads across the half of the southern part of the controlled surface water of South Lake. The officers traced the source of the polluting discharge back to trenching excavations that were being carried out by the Ltd Company. The company was in the process of installing a new drinking main water supply for the rainy periods. The starting place of the silty water was the channel that was being dewatered through the pumping out of the water that had accumulated in the channel using an extractor pump (3inch). The conditions at the site were referred to as boggy by the defendant and the surrounding land was characterized as heather and scrubland on the sandy soil. It was then established that about 80,000 litres of water had been pumped to waste. The Environment Agency (EA) officers approached the sites manager and notified him of the offence and the consequences it will bring forth hence the likelihood of a court case. The Environment Agency (EA) officers observed that the silt was making its way by gravity which is 50-60m through a wooded area into a roadside ditch. Pollution discharge followed 170m alongside the B3430 road in the ditch through a silt trap into a 30m length of culvert; this Culvert discharged into Environment Agency (EA) controlled water (stream) which was flowing under the road and then some 370m into South Lake. A series of 5 tripartite samples were taken by the Technical Officers from the channel to the lake. The samples were taken in the way that has been prescribed by Water Resources Act. The samples included those from the pump; when the samples from the pump were taken, the pump was switched off. After collection of the samples, they were moved to the independent reference laboratories and the EA laboratory where an analysis was done and then presented for an independent analysis to the Ltd Company. Ltd Company was informed by the EA Area Pollution Control Manager that the analysis results suggested that an offence was committed and the papers were to be passed to the EA Solicitor for action to be taken in the local Magistrate’s Court. Pollutants The pollutants from the samples analyzed were suspended solids, ammoniacal - N, chloride, pH, BOD (Biochemical Oxygen Demand), total oxidized nitrogen and orthophosphate. Each of the pollutant will be described and its effects indicated. Suspended Solids They are naturally found in water and in its excess they become harmful. The finest particles in the suspended solids cause most of the serious problems. Increase in the suspended solids in water makes the water look cloudy or turbid. When the water becomes cloudy, it limits sunlight reaching the aquatic plants. The effect on the aquatic plants is stunted growth. Fine suspended solids can clog the fish gills and destroy their respiration and that of other aquatic animals (Hill 2010, p245). Sediments can have differing physical and biological effects depending on the form of the suspended solids. Suspended solids high value reduces the productivity of the systems by shading the macrophytes and algae. At other times, it may lead to the complete removal of the macrophytes and algae. The suspended solids have negative effects on the aquatic animals because they interfere with the respiratory oxygen transport, reproduction, habitat availability and filter feeding. The negative implications of the excessive sediments on the stream biota are many and they include lowering of the incoming light and primary production, increase in the scour, reduction of biodiversity and the lowering of the aesthetic value of the streams. The strongest negative effect of these sedimentations includes the filling of the habitat with cobble and gravel through deposition. The fine sediments clog the gravel and reduce the total level of oxygen in water (anoxia) (Dodds 2002, p291). The major source of the suspended solids is the runoff from the agricultural fields; this is found in fields that grow row crops like corn. Construction activities and forestry also contribute to the deposition of suspended solids. The point sources of the suspended solids are the discharge from facilities and the discharge includes BOD (Biochemical Oxygen Demand). The suspended solids also interfere with the disinfection of water in the drinking-water treatment plants; they protect the microorganisms from the disinfectants. The surviving microbes enter the drinking water (Hill 2010, p245). The total suspended solids test indicates whether the suspended solids can be removed from the waste water through filtering, settling or filtering (Alley 2006, p3-3). Ammoniacal – N It is a component of nitrogen and it is used an indicator to show pollution by industrial effluent and sewage. The compound is very much soluble in water and thus producing ammonium hydroxide. This is the product of the microbiological decomposition of the nitrogenous organic matter. The value of ammoniacal – N shows the protein nitrogen that is present in the water; the protein nitrogen is derived from the plant and animal life. It is an evidence of unwanted characteristic of drinking water and sanitary pollution (Jivendra 1995, p122).Excess ammoniacal nitrogen in waterways and rivers leads to odour and taste problems. They also cause psychological problems to the consumers who have the notion that the water is contaminated. Chloride It is the major anion in water, sewage and industrial waste water. A high concentration of chloride is not suitable for industrial, irrigation and domestic purposes. When chloride is in high concentration, it affects the stream life and the solubility of oxygen. It is an indicator of the waste water pulp mill pollution (Jivendra 1995, p120). When it reacts with water it forms dangerous toxins. The toxins include furams, dioxins and PCCDs (persistent organic pollutants). PCCDs get their name from their behaviour of lingering in water or soil for many years without disappearing. Dioxin is one of the most dangerous chemicals in science. The compound is known to contribute to serious health effects, cancer and endocrine disorders (Beach 2010, p1). pH pH ranges from 0 to 14 and 7 is neutral, any value below 7 is acidic any value above is alkaline (Goel 2006, p222). Most of the natural waters are alkaline due to the presence of the carbonates and bicarbonates formed as a result of the dissolution of the atmospheric carbon dioxide. The pH value can significantly change due to the existing biochemical activities that are undergoing in water. Most of the significant changes in pH are due to acid mine drainage and the disposals of the industrial waste water (Goel 2006, p223). Majority of the biological life found in water are limited to a narrow range of pH. pH cannot lead to severe health effect but when it goes beyond the limits of 6.5 to 8.5, it can lead to the damage of the tissues mucous linings. A pH that is below gives the water a sour taste and pH above the value of 8.5 gives the water an alkaline taste (Goel 2006, p223). The acid deposition into the water bodies can lead to the pH of the water becoming too low such that it becomes incapable of optimally supporting life or not supporting life at all (Hill 2010, p244). Mining operations are also sources of acid. BOD (Biochemical Oxygen Demand) Wastewater that enters a river or an ocean from a runoff pipe outlet is usually considered to be a source of pollution. The concentration of the pollutant decreases with the increase in the distance of the downstream from the source because of the dilution. Organic pollutants in the wastewater bring about pollution problems. Bacteria that are present in the water decompose the organic pollution and thus utilizing dissolved oxygen in that process. The amount of oxygen that is necessary for the decomposition of the organic matter per unit volume is referred to as the biochemical oxygen demand (BOD) (Bashkin and Radojevic 2006, p138). Biochemical oxygen demand serves as a determinant of organic pollution and it is generally used in the water quality laboratories and wastewater treatment plants. The presence of too much organic pollution leads to increased levels of the biochemical oxygen demand; consequently, the dissolved oxygen becomes too low such that it cannot support the aquatic life (Bashkin and Radojevic 2006, p138). Degradation of the organic pollution begins at the point where the wastewater enters the river; this point is referred to as the pollution zone and it has low dissolved oxygen and high biochemical oxygen demand. Down the stream is the active decomposition zone and here the dissolved oxygen is minimum because of the organic pollution biochemical decomposition. The final zone is the recovery zone where the biochemical oxygen demand is very low and the dissolved oxygen is high because most of the organic pollution has decomposed. Most of the water bodies have the ability to decompose the organic waste. Problems arise when the water is overwhelmed by oxygen demanding organic wastes (Bashkin and Radojevic 2006, p138). Organic pollution of the water can cause the rapid growth of microorganisms which eventually result in high biochemical oxygen demand (BOD). The resultant effect is the reduction of the available oxygen for the support of the aquatic life. Discharge of direct organic effluent into the water can cause the death of fish or adverse disruption of the aquatic ecosystem by increasing the biochemical oxygen demand levels (Organization for Economic Co-operation and Development 2003, p32). Total Oxidized Nitrogen The surplus of reactive nitrogen in the water body leads to a phenomenon known as eutrophication. Eutrophication is a natural and a wanted process but the human activities significantly increase the levels of nutrients leading to a process known as cultural eutrophication. When wastewater containing high levels of nitrogen is discharged into the water bodies it leads to the increase of the phytoplankton population; it is popularly known as algal bloom. The algae eventually grow and become very thick such it does not allow the penetration of light through the water; the algae that are beneath the water surface starts to die due to the lack of light. The algae degrade and the dissolved oxygen is used up and the aquatic animals begin to die due to the starvation of oxygen (Bashkin and Radojevic 2006, p138). Orthophosphate Phosphates lead to the eutrophication of water bodies that are enclosed. The amount of phosphate can arise from the industrial effluents and from the domestic sewages (Prabhakar 2000, p132). Phosphorus can exist in many forms and the major classifications include orthophosphates, organically bound phosphate and condensed phosphates (Prabhakar 2000, p132). Phosphorus plays a role in the eutrophication process. This occurs when phosphate is in excessive amounts in the ecosystem. Eutrophication is the improved production of the primary producers and the process leads to the ecosystem instability (Oram n.d., p1). Occurrence of eutrophication renders the natural cycle incapable of utilizing nutrients such as phosphate, nitrate and organic waste. The nutrients are in excess and are as a result of human development and activity. The nutrients cause the imbalance in the production and consumption of living materials in the ecosystem. The ecosystem responds by producing excess vegetation or phytoplankton than can be taken by the ecosystem (Oram n.d., p1). The overproduction of the vegetation or phytoplankton leads to a number of problems and these problems range from anoxic water caused by decomposition to the toxic algal blooms. Other problems include the decrease in diversity and food supply and the destruction of the habitat (Oram n.d., p1). The rapid growth of the aquatic vegetation and the increase in the amount of algal blooms may cause the death and decomposition of the vegetation and the aquatic life. This is attributed to the decreased levels of dissolved oxygen. Through a combination of the anoxic conditions and microbiological actions, the phosphate is recycled back to water for further reutilization. This results to the build up of phosphate in the ecosystem (Oram n.d., p1). Other Investigations to Be Carried Out There are other investigations that can be carried out in favour of the case. The investigations support the ruling made by the local Magistrate’s Court concerning alleged pollution of the South Lake by Ltd Company. An in-depth investigation may be carried out and it will involve the collection and analysis of the soil samples, the surface water, soil gas and ground water. The investigation is aimed at assessing the human and environmental risks caused by the pollution. A careful design of the investigation is required and it should put into consideration all the information obtained in the former stages of investigations and their objectives (Aberdeen City Council 2006, p5). The information and data collected from this recent investigation must enable an overall assessment of the risks that are presented by the pollution. The data and information collected from the investigations should also enable the proper design of any remedial actions to be taken and the cost to be incurred in the process. During the assessment, all the possible migration routes that are relevant to the contamination must be considered and a 4-dimension picture of the contamination developed. In order to reach defensible conclusion, a thorough knowledge of the chemical and physical soil properties and that of the local hydrology is required (Aberdeen City Council 2006, p5). Outcome of the Case Ltd Company is found to have committed an offence by polluting the environment on and around South Lake. The decision was made after careful consideration of the facts and the evidence presented to the court. The company was actually involved in the pollution of South Lake and its environs. Evidence was provided to the court and it included the photographs taken by the Environment Agency and the laboratory results of the samples taken from different points in the lake. All the evidence provided indicated that pollution had occurred. The photographs showed the extent of the silt water and it was described as boggy by the investigators. The sample results showed the presence of these elements; suspended solids, ammoniacal - N, chloride, pH, BOD (Biochemical Oxygen Demand), total oxidized nitrogen and orthophosphate. The presence of these elements is an indication that pollution had occurred; all these elements are pollutants. The Ltd Company has contravened section 85 of the Water Resources Act of 1991 (legislative.gov.uk n.d.). The provision provides the grounds on which an individual can be declared guilty of water pollution. It is therefore desirable for the company to terminate its activities and implement measures that assist it to conduct its activities without interfering (polluting) with its surrounding environment. A few of the past court cases support the decision made by the judge concerning water pollution. The Bhopal water pollution case is among these cases. The case was filed in 1999 after an environmental group called Greenpeace conducted a study and found out that there was contamination of water in the area that the disaster had occurred. The Bhopal people claimed that they were suffering from ailments such as neurological damage and cancer due to the contaminated ground water (Earthrights International 2010, p1). In 2003, the case was dismissed by a federal court in the United States on the claims that Union Carbide did not cause massive pollution of the local water supply. The ruling did not consider if the company had caused any pollution. The ruling dwelt on the fact the organization which filed the case was not the proper representative of the people of Bhopal and that the plaintiff was injured for too long to be able to present a claim (Earthrights International 2010, p1). In 2004, the decision made by the federal court was reversed in part and it was held that the plaintiff claims on property damage did not stand any ground. The court further held that it could order Union Carbide to clean up the victims’ property and the plant itself. This was on condition that if the government ordered for the cleanup. Another case filed later in 2004 was dismissed based on the same grounds as the previous cases. In 2008, the dismissal was reversed by the U.S. Court of Appeals and it found that the plaintiff was not given sufficient time to present factual argument concerning the water pollution to the district court (Earthrights International 2010, p1). References Aberdeen City Council. (2006) Guide to site investigation [online], Aberdeen City Council. Available from [Accessed on 31 March 2011]. Alley, E. R. (2006) Water quality control handbook. New York, NY: McGraw-Hill Professional. Bashkin, N. & Radojevic, M. (2006) Practical environmental analysis. Cambridge, UK: Royal Society of Chemistry Beach, E. (2010) The effects of chlorine bleach on the environment [online], livestrong.com. Available from [Accessed 30 March 2011]. Dodds, W. K. (2002) Freshwater ecology: Concepts and environmental applications. London, UK: Academic Press. Earthrights International. (2010) Bano v. Union Carbide case history [online], Earthrights International. Available from [Accessed on 31 March 2011]. Goel, P. K. (2006) Water pollution – Causes, effects & control. New Delhi: New Age International. Hill, M. K. (2010) Understanding environmental pollution. Cambridge, UK: Cambridge University Press. Jivendra. (1995) Water pollution management. New Delhi: APH Publishing. legislative.gov.uk. (n.d.) Water Resources Act 1991 [online], legislative.gov.uk. Available from < http://www.legislation.gov.uk/ukpga/1991/57/section/85> [Accessed on 31 March 2011]. Oram, B. (n.d.) Total phosphorus and phosphate: Impact on surface water [online]. Available from [Accessed on 31 March 2011]. Organization for Economic Co-operation and Development. (2003) Agriculture, trade and the environment the pig sector. OECD Publishing. Prabhakar, V. K. (2000) Encyclopaedia of environmental pollution and awareness in the 21st century. New Delhi: Anmol Publications PVT. Ltd. Read More