Illegally dumped waste threatening water supply could cost authorities £9bn

The owner of a waste management firm has pleaded not guilty to dumping waste in a quarry in Somerset, an act which could cost the authorities up to £9bn to rectify.

Mark Foley from Cardiff held a permit in the name of his firm M E Foley Contractors LTD to dump non-hazardous waste in Stowey Quarry, close to Chew Valley Lake - which is one of Weston-super-Mare’s sources of drinking water.

But at North Somerset courte on Monday, Foley and his firm were accused of dumping harmful substances, including residues created in the process of scrapping cars, in violation of his permit.

Close

Environmental Protection Act 1990 (as amended)

In force/
Current
Legislation
England, Northern Ireland, Scotland, UK, Wales
Published
22 Mar 2019

Commentary

28/02/2013 Scottish Order (SSI 2013/74) varying Section 153 published.
07/11/2013 Amending regulations (SSI 2013/315) published, increasing fly-tipping and littering fixed penalties for Scotland from April 2014.
07/05/2015 Amending Order SSI 2015/188 published, substituting definition of the EU Waste Directive in relation to Scotland only., 27/05/2015 Amending Order SSI 2015/210 varying Section 153(1) (Financial assistance for environmental purposes) published.
12/02/2016 Amending Regulations (SSI 2016/99) published, amending Section 78YB in relation to Scotland only., 14/03/2016 Amending Regulations (SI 2016/334) published., 26/10/2017 Amending Order ( WSI 2017/1024 ) published.
12/02/2018 Amending Regulations ( SI 2018/171) published., 24/08/2018 Amending Regulations ( SI 2018/942) published.
01/02/2019 Amending Regulations ( SSI 2019/26) published., 22/02/2019 Amending Regulations ( WSI 2019/331) published.

Compliance Dates

15/11/1990 Comes into force on 15/11/1990
05/11/1990 Sections 128 to 139 come into force to the extent stated in the Environmental Act 1990 (Commencement No.1) Order 1990 (SI 1990/2226) (see Section 164) o
05/11/1990, 13/11/1990 Sections 89(7), 89(8), 89(9), 89(11), 89(12) and 89(13) come into force (see Section 164) on 13/11/1990, 19/12/1990 Section 3 comes into force (see Section 164) on 19/12/1990
01/01/1991 Sections 1, 2, 4 to 28, 100 to 105, and 159 come into force (see Section 164) o
01/01/1991, Sections 79 to 85, 97, 99, 140 to 142, 145, 146, 148, 153 to 155, 157, 160, 161, 162(5) and 163 come into force (see Section 164) o
01/01/1991, Sections 105, 162(1) and 162(2) come into force to the extent stated in Section 164(2) (see Section 164) o
01/01/1991, Section 162(2) comes into force to the extent stated in the Environmental Protection Act (Commencement No.4) Order 1990 (SI 1990/2635) (see Section 164) o
01/01/1991, 14/01/1991 Sections 86(2), 86(6) to (8), 86(11), 86(14), 86(15), 88(5), 88(7), 88(9)(b), 89(4), 90(1), 90(2), 90(7), 94(1), 94(2), 96(2), and 96(3) come into force (see Section 164) on 14/01/1991, 14/01/1991 Section 162(1) comes into force to the extent stated in the Environmental Protection Act (Commencement No.5) Order1991 (SI 1991/96) (see Section 164) on 14/01/1991, 13/02/1991 Sections 86(1), 86(4), 86(5), 86(9), 86(13), 87(1), 87(2), 87(3)(a) to (e), 87(4) to (6), 88(1) to (4), 88(6), 88(8), 88(9)(a), 88(9)(c) to (e) and 88(10), 98(1), 98(2), 98(5) and 98(6) come into force (see Section 164) on 13/02/1991
01/04/1991 Sections 128, 130, 132 and 162(2) come into force to the extent stated in the Environmental Protection Act 1990 (Commencement No.6 and Appointed Day) Order 1991 (SI 1991/685) (see Section 164) o
01/04/1991, Sections 86(3), 86(10), 87(7), 89(1)(a) to (f), 89(2), 89(3), 89(5), 89(6), 89(10), 89(14), 91(1)(a) to (f), 91(2) to (13), 92(1)(a) to (c), 92(2) to (10), 93, 94(3) to (9),

Characteristics

Subject

Air General policy Hazardous substances Industrial regulation Land and development Statutory nuisance Sustainable development Transport Waste Water

Source

OPSI (Office of Public Sector Information)

Affected Sectors

Cross-sector
ECM

Environmental Protection Act 1990 (as amended)

Document Status: In force/Current

Scope: England, Northern Ireland, Scotland, UK, Wales

Commentary:

28/02/2013 Scottish Order (SSI 2013/74) varying Section 153 published.
07/11/2013 Amending regulations (SSI 2013/315) published, increasing fly-tipping and littering fixed penalties for Scotland from April 2014.
07/05/2015 Amending Order SSI 2015/188 published, substituting definition of the EU Waste Directive in relation to Scotland only., 27/05/2015 Amending Order SSI 2015/210 varying Section 153(1) (Financial assistance for environmental purposes) published.
12/02/2016 Amending Regulations (SSI 2016/99) published, amending Section 78YB in relation to Scotland only., 14/03/2016 Amending Regulations (SI 2016/334) published., 26/10/2017 Amending Order ( WSI 2017/1024 ) published.
12/02/2018 Amending Regulations ( SI 2018/171) published., 24/08/2018 Amending Regulations ( SI 2018/942) published.
01/02/2019 Amending Regulations ( SSI 2019/26) published., 22/02/2019 Amending Regulations ( WSI 2019/331) published.

Compliance:

15/11/1990 Comes into force on 15/11/1990
05/11/1990 Sections 128 to 139 come into force to the extent stated in the Environmental Act 1990 (Commencement No.1) Order 1990 (SI 1990/2226) (see Section 164) o
05/11/1990, 13/11/1990 Sections 89(7), 89(8), 89(9), 89(11), 89(12) and 89(13) come into force (see Section 164) on 13/11/1990, 19/12/1990 Section 3 comes into force (see Section 164) on 19/12/1990
01/01/1991 Sections 1, 2, 4 to 28, 100 to 105, and 159 come into force (see Section 164) o
01/01/1991, Sections 79 to 85, 97, 99, 140 to 142, 145, 146, 148, 153 to 155, 157, 160, 161, 162(5) and 163 come into force (see Section 164) o
01/01/1991, Sections 105, 162(1) and 162(2) come into force to the extent stated in Section 164(2) (see Section 164) o
01/01/1991, Section 162(2) comes into force to the extent stated in the Environmental Protection Act (Commencement No.4) Order 1990 (SI 1990/2635) (see Section 164) o
01/01/1991, 14/01/1991 Sections 86(2), 86(6) to (8), 86(11), 86(14), 86(15), 88(5), 88(7), 88(9)(b), 89(4), 90(1), 90(2), 90(7), 94(1), 94(2), 96(2), and 96(3) come into force (see Section 164) on 14/01/1991, 14/01/1991 Section 162(1) comes into force to the extent stated in the Environmental Protection Act (Commencement No.5) Order1991 (SI 1991/96) (see Section 164) on 14/01/1991, 13/02/1991 Sections 86(1), 86(4), 86(5), 86(9), 86(13), 87(1), 87(2), 87(3)(a) to (e), 87(4) to (6), 88(1) to (4), 88(6), 88(8), 88(9)(a), 88(9)(c) to (e) and 88(10), 98(1), 98(2), 98(5) and 98(6) come into force (see Section 164) on 13/02/1991
01/04/1991 Sections 128, 130, 132 and 162(2) come into force to the extent stated in the Environmental Protection Act 1990 (Commencement No.6 and Appointed Day) Order 1991 (SI 1991/685) (see Section 164) o
01/04/1991, Sections 86(3), 86(10), 87(7), 89(1)(a) to (f), 89(2), 89(3), 89(5), 89(6), 89(10), 89(14), 91(1)(a) to (f), 91(2) to (13), 92(1)(a) to (c), 92(2) to (10), 93, 94(3) to (9),

The Environment Agency (EA), which is prosecuting Foley, said there was a risk that the contaminants could leach through soil from the quarry to the lake.

The court heard that the minimum cost of clean up is in excess of £50m.

Should the contaminants leach into the Bristol city water supply, it could cost up to £9bn, Brendan Moorehouse, prosecuting for the EA said.

An EA spokesperson said the £9bn estimate was provided  by Bristol Water and covers the cost of sourcing an alternative water supply at £500m per year for 15 years along with building a new reservoir at the cost of £1.5bn.

Foley declined to comment. He will appear at Bristol Crown Court on November 11, charged with contravening an environmental permit and disposing of controlled waste in a manner likely to cause pollution or harm to human health, in breach of the Environmental Protection Act 1990.



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