Integrated pollution control: R v British Nuclear Fuels Limited (2 September 1998) Magistrates' Court

United Kingdom

British Nuclear Fuels Limited holds an integrated pollution control authorisation relating to the process of extraction of uranium from ore carried on by it at its Springfields works. The process involves the discharge of effluent into the river Ribble. Until recently, the effluent discharges were controlled by a discharge consent. These limits were, however, frequently exceeded and so the Environment Agency introduced less stringent limits via an integrated pollution control authorisation. In the first month of effect, the daily limits contained in the integrated pollution control authorisation were exceeded on nine occasions. In addition the monthly limit was exceeded. After an investigation, the Environment Agency brought two charges of failing to comply with an integrated pollution control authorisation contrary to Section 6(1) of the Environmental Protection Act 1990. British Nuclear Fuels Limited attempted to mitigate the level of sentence by channelling money into reducing the controlled discharge. The Environment Agency, however, stressed, the potential impact on aquatic life of the discharges with the result that the court imposed fines of £10,000 for each charge and awarded costs against British Nuclear Fuels Limited of £19,419. (ENDS Report 284, p47)