16/05/2005 - Blue dye
stained more than 20 boats in Ipswich Haven
Marina after it blew out of a skip and today
the company held responsible was fined a total
of £8,000 and ordered to pay £9,000
costs by Ipswich Crown Court.
On 10 September 2003 Lansdowne Distribution
Ltd failed to notify a skip company collecting
waste from their premises that there was blue
dye loose in the skip.
As a result, the skip was treated in the
normal way by Anglian Environmental Waste
Solutions Ltd (AEWS) and when it was upturned
at its site in Tovells Wharf the dye powder
blew out turning blue when it came into contact
with anything wet.
Twenty one boats had to be professionally
cleaned and several cars parked in the marina
car park were also affected.
Lansdowne Distribution is a warehousing company
which stores goods for a number of companies
including a company which imports fabric dye
from India. The dye is in powdered form and
is transported and stored in plastic bags
inside circular drums. It is classed as a
special waste under Special Waste Regulations
1996.
An information sheet supplied by the importers
of the dye made clear that the dye powder
was an irritant to eyes and skin and should
not be inhaled. The sheet advised eye/face
protection and suitable gloves and clothing
when handling.
In setting out the effects of the powder
it stated: ‘Environmental: Heavy staining
as with all dyestuffs’. The sheet also stated:
‘Recovery: Collect spilt material and dispose
of safely. Wash away small quantities with
water.’
Days before the incident there had been a
spill of the dye powder at the Lansdowne warehouse.
It had been swept up and put into a plastic
bag used to collect other dust from the warehouse
floor.
The contents of the bag were then just tipped
into the rubbish skip which was outside the
premises, to be collected later by AEWS. At
no time did anyone at Lansdowne tell the skip
lorry driver or anyone else from AEWS that
the dye was in the skip.
Lansdowne Distribution admitted two charges
under Section 34 of the Environmental Protection
Act which relates to a duty of care when handling
certain products. They were fined £4,000
for each offence.
After the hearing Environment Agency team
leader Dave Knagg said: "We are pleased
with the outcome of this case. Lansdowne Distribution
clearly failed under their Duty of Care to
ensure that their waste was being disposed
of in a safe and suitable manner.
"They also failed to provide information
to their waste contractor so that they could
prevent pollution of the environment and harm
to human health. This incident was easily
preventable."
"I hope this will act as a reminder
to all companies that they must take their
Duty of Care very seriously. Any companies
found to be neglecting these duties will be
dealt with by the Environment Agency accordingly."
Lansdowne Distribution admitted:
1) On 10 September 2003 you disposed of controlled
waste, namely blue dye powder, and failed
in your duty of care to take all reasonable
measures to prevent the escape of the blue
dye powder from the control of Anglia Environmental
Waste Solutions Ltd. Contrary to Sections
34(1)(b) and 34(6) of the Environmental Protection
Act 11000.
3) On 10 September 2003, you transferred
to Anglia Environmental Waste Solutions Ltd
a quantity of controlled waste, namely blue
dye powder, without taking all reasonable
measures to also give Anglia Environmental
Waste Solutions Ltd a written description
of the blue dye powder sufficient to allow
it to be deposited, kept or disposed of without
contravening section 33 of the Environmental
Protection Act 11000. Contrary to Section
34(1)(c)(ii) and 34(6) of the Environmental
Protection Act 11000.
