A Warning To All Involved in Cleaning Up Contaminated Land

The recent High Court ruling that Corby Borough Council were negligent in carrying out remediation of the former Northamptonshire steelworks, may have serious repercussions for those in charge of carrying out remediation operations.

The former steelworks site covered 680 acre (268ha) and was described as one of the largest in Western Europe. The operations at the site ceased in 1980 and during the period 1984 – 1999 Corby Borough Council undertook the demolition of buildings, excavation of parts of the site and disposal of the resulting waste as part of the overall remediation scheme.

Contaminated material was transported through or close to the town in unsheeted lorries resulting in material and dust spreading throughout the town.

18 local families brought an action in the High Court alleging that birth defects among children born between 1987 and 2000 were due to the cleanup operations at the site. The High Court found in favour of 16 of those families. Corby Borough Council could be liable for damages in public nuisance for the personal injury suffered as well as £1.6m in legal fees.

The court found that the Council had a duty under the Environmental Protection Act 1990 to take reasonable care to prevent contaminated mud and dust from spreading. The court held that the Council had failed in that duty and were negligent. The main reasons were:

• Ground investigations were inadequate
• There was no effective wheel washing and lorries were not sheeted
• Those designing, running and monitoring the works did not have sufficient qualifications or experience
• The Council knew of the potential danger to those on site and to the public, but no effective precautions were taken
• Expert evidence showed that dust could have been dispersed into the air and those contaminants could have caused birth defects.

THE PRACTICAL IMPLICATION OF THIS IS THAT EMPLOYERS SHOULD SEEK TO MINIMISE THIS RISK OF NEGLIGENCE BY:

• Ensuring proper site investigation
• Ensuring there are adequate measures to prevent the spread of contaminants which may cause harm
• Ensuring there are adequate health and safety measures on site
• Paying more attention to the experience and qualifications of those involved in remediation
• Paying more attention to current standards and knowledge available on methods of remediation and their effects.

Careful consideration should also be given to the selection process and the contractual documentation when appointing contractors.

Corby Borough Council is to appeal the judgement.
http://www.bailii.org/ew/cases/EWHC/TCC/2009/1944.html