The charges were brought by the Environment Agency under Section 85 of the Water Resources Act 1991 and Sections 6, 23 and 33 of the Environmental Protection Act 11000. The company was additionally ordered to pay prosecution costs of £62,000 and an additional £58,455.91p, which related to clean-up costs incurred by the Environment Agency.

The charges relate to the company polluting the Walsall Canal on several occasions during a three month period between January and March 2002. The pollutant was a mixture of organic chemicals, which caused the canal to turn black and stripped it of oxygen. This caused an extensive fish kill and additionally caused local houseboat owners to complain of foul, bad-egg odour and other adverse health affects.

The pollution was caused amongst other factors by a poorly maintained drainage system on the site. The company’s operating permit requires it to ensure this drainage system is maintained to the highest standard possible at all times.

In passing sentence, Miss Recorder Bush likened the West Midlands’ canal network to the Crown Jewels, in that they gave residents with no direct access to the sea or main rives an amenity to use and enjoy. She specifically said that the company’s drainage system was in a poor state and standards of housekeeping were inadequate.

Speaking after the case, Neil Gallagher, an Environment Agency Process Industry Regulation officer involved in the investigation, said: ‘This has been a lengthy investigation, involving many Environment Agency officers, into a serious pollution. The Judge’s comments reflect the gravity of the offences and reinforce the message that companies operating with hazardous chemicals have a duty to ensure that their working practices and procedures are of the highest standard to ensure protection of the environment.’

Counsel for the Environment Agency, Barry Berlin told the court that on 9 July 2001, the Walsall Canal went black at the rear of the Robinson Brothers Ltd’s site between Hadley Bridge at Phoenix Street and Belper Bridge on Greets Green Road, West Bromwich. Levels of oxygen in the polluted stretch were very low. Environment Agency officers attended but were unable to identify the source of the pollution.

On 21 November and 7 December 2001 the canal again turned black. Environment Agency officers investigated but were unable to identify the source. Tests on routine samples from the canal indicated that from the middle of 2001, water quality on both the Walsall and Ridgacre canals around the Robinson Brothers site had deteriorated dramatically. Low oxygen levels suggested a chronic problem with an organic pollutant.

On 7 January 2002 the canal again turned black, affecting approximately 10km, involving the Ridgacre, Walsall and Tame Valley Canals. Oxygen levels were again very low and there was an overwhelming smell of bad eggs, suggesting the presence of hydrogen sulphide.

Particularly affected were the houseboat residents in the OckerHill arm of the canal. Environment Agency officers concentrated work in this area but residents still had to tolerate the smell for two weeks and some complained of headaches and other health effects.

The January 7 2002 incident also resulted in a large fish kill. Environment Agency staff worked to boost oxygen levels in the canals and despite thorough investigations, the source of the pollution was not found.

On 21 January 2002, Environment Agency officers spotted a substance seeping from a rear wall of Robinson Brothers into the canal. Tests on samples indicated that it was highly polluting.

On 22 January 2002, Environment Agency staff started an inspection on Robinson Brothers Ltd’s site. Material was seen leaking from a pit on the other side of the wall. Liquid was also seen seeping from the ground and running into the pit, collecting at its bottom.

An Environment Agency officer also spotted substantial amounts of liquid on the ground. This appeared to be leaking from the bottom of a piece of equipment used to shred drums which had previously contained chemicals.

On 23 January 2002, Environment Agency officers added fluorescent dye to the pit and later in the day they saw the dyed liquid coming through the wall and entering the canal. On 25 January 2002, Environment Agency officers requested that the company dig a trench near the pit in order to intercept polluting liquid before it got to the pit. The liquid would be pumped from this trench and disposed of. This was done by the company.

Between 25 January 2002 and 1 February 2002, the Environment Agency identified a number of areas of the company’s operation which gave cause for concern. Primarily these were spillages on the ground and the risk of them getting into the ground and contaminating groundwater. On 1 February 2002 the Environment Agency wrote to the company highlighting these concerns.

On 18 February 2002, the canal went black along the stretch immediately adjacent to Robinson Brothers. …/more

On 27 February 2002, Environment Agency officers inspected a marshy area on the nearby Belper Industrial Estate. Robinsons had located a pump in this area to remove contaminated water arising from beneath the company’s site. This was pumped to the company’s site, treated and then discharged to the foul sewer.

The contaminated liquid in the ground was found to be incredibly polluting in nature, with its capacity to remove oxygen being nearly 40 times that of raw sewage. The ground around the pump was saturated and investigations indicated that a poorly maintained structure had led to polluted water leaking out. This situation was drawn to Robinson Brothers’ attention and they carried out the necessary improvements.

By the end of February, there were still no signs of recovery in the canal. Oxygen levels were very low and it was decided that the canal would be emptied at a specific point in an attempt to find any points of underwater ingress.

Over the period 11-13 March 2002, the operation to remove the water from the canal took place. Once the area had been drained, Environment Agency officers checked the canal wall at the rear of Robinson Brothers. Several highly polluting seepages were found. The stretch of canal was refilled once the inspection was finished.

By the 20 March 2002, the stretch had turned black and there was a sulphide odour. Oxygen levels had plummeted.

On 22 March 2002, the Environment Agency served the company with an Enforcement Notice requiring a total sitedrainage survey, as the Environment Agency suspected that leaking drains were contributing to the pollution.

On 26 March 2002, an area of this drainage system was found to be so badly damaged that effluent from the plant could drain directly to the ground. Other areas of the system were found to be cracked and damaged, allowing liquids to leak into the ground at several points. Subsequently, the Environment Agency agreed with the company a risk-based schedule of drain repairs.

On 27 May an Environment Agency officer inspected the company’s maintenance records. He found that an inspection schedule for the drains had been set up in 2000 but the first inspections had not been carried out until 2001. There was no provision in the schedule for the inspection of pipework, only of drain hatches.

In mitigation, Stephen Tromans, Counsel for Robinson Brothers Limited, stated that the company had pleaded guilty, had no previous convictions and had co-operated with the Environment Agency.