Castle Cement Limited, operator of the cement works in Padeswood, near Mold, North Wales, was ordered to pay almost £305,000 at Mold Crown Court on the 18th February, pleading guilty to 4 charges in a case brought by Environment Agency Wales.
The total amount is one of the highest ever awarded for an environmental offence in the UK.
The 4 charges relate to a series of dust incidents and noise complaints between 2005 and 2007, and two fires in May 2007 and July 2007. Three of the four charges relate to the failure of the company to comply with various conditions of their environmental permit and one to the failure to comply with an Enforcement Notice.
During 2006 and 2007, Environment Agency Wales issued three Enforcement Notices to the company relating to the operation of the site. These included investigation of the cause of the fires, improved monitoring and control of fugitive dust emissions and noise.
The court was also asked to take into account another offence of failing to maintain the plant. A section of pipework failed which resulted in a significant cement dust release in October 2009.
CHARGE 1 : £100,000.00
CHARGE 2 : £50,000.00
CHARGE 3 : £50,000.00
CHARGE 4 : £50,000.00
FULL COSTS : £54,649.88
TOTAL : £304,649.88
The court ordered the company to play the full amount within 28 days. The full list of charges follows at the end of this article.
Dave Edwell, Northern Area Manager for Environment Agency Wales, said: “This level of fine demonstrates how serious the courts are taking environmental offences.
“These specific incidents could have been avoided if the company had complied with its permit and the notices we served. They did not, and people and the environment were affected as a result.
“Sites like these are an important part of the economy in the area, providing jobs and an income for people. But, they have to operate in a responsible way that doesn’t cause problems for the local area.
“We will take action against any company that does not comply with the strict conditions we set in the environmental permits we issue. These conditions are there specifically to protect nearby communities and the environment.
“We now want to move forward with the company and identify key areas for it to further improve its operations and play its part in the economy and environment of the area.”
Detailed list of charges
1. The company breached conditions in their permit by failing to maintain the plant and equipment.
Castle Cement Limited between 8th May 2007 and 28th July 2007 failed to maintain all plant, equipment and technical means used in operating the installation in good operating condition in particular:
(i) The slide gate on level 5 of the pre heater tower in Kiln 4 which protects the screw conveyors and bucket elevator on the tyre feeding installation was jamming on 9th May 2007, 11th May 2007, 12th May 2007, 13th May 2007; and or
(ii) The said damaged slide gate removed on 2nd July 2007 from the tyre feeding installation. It was not replaced before the installation was again in operation on 3rd July 2007; and or
(iii) The automatic fire suppression (water drencher) system damaged in a fire on 14th May 2007, was not in good operating condition when a fire broke out in the tyre feeding installation on 3rd July 2007; and or
(iv) On 21st May 2007 the extract fan in the clinker export loading point at the loading head was not operating for at least 6 hours allowing dust to be emitted to atmosphere; and or
(v) The Diverter Gate DG01 was not properly maintained in good operating condition as noted on 9th July 2007 and 27th July 2007; and or
(vi) On 12th July 2007 there was a large gap in the cladding of a cement mill building creating potential for dust and noise to escape, and the wheel wash and conveyor were not maintained in good operating condition creating loud and regular noise.
Contrary to condition 2.1.2 of Permit BL1096 and Regulation 32(1)(b) of the Pollution Prevention and Control (England and Wales) Regulations 2000.
FINE: £100,000
2. Breach of enforcement notice served by Environment Agency Wales
Castle Cement Limited, between the 16th March 2007 and 14th September 2007 failed to comply with the requirements of enforcement notice EN2 dated 5th December 2006, in that it failed to implement all techniques described in the Application at or by the agreed dates as set out in BK13.
Contrary to Regulation 32 (1)(d) of the Pollution Prevention and Control (England and Wales) Regulations 2000.
FINE: £50,000
3. Breach of permit conditions to limit dust emission
Castle Cement Limited between the 1st August 2005 and 17th August 2007 failed to operate the Installation using the appropriate techniques and in the appropriate manner to minimise fugitive dust emissions, in particular:
(i) failed to clean spillages as soon as reasonably practicable; and or
(ii) failed to ensure that activities which were likely to create dust would be conducted in completely enclosed buildings; and or
(iii) failed to install bag filters in the limestone intake area and conveyors and to minimise the release of fugitive dust; and or
(iv) failed completely to enclose the limestone conveyors; and or
(v) failed to stop the clinker loading operation immediately on 21st May 2007 notwithstanding that the extract fan was not working.
Contrary to condition 2.3.1 of Permit BL1096 and Regulation 32(1)(b) of the Pollution Prevention and Control (England and Wales) Regulations 2000.
FINE: £50,000
4. Breaching condition of permit to control excessive noise and vibration
Castle Cement Limited between the 1st August 2005 and 24th May 2007 failed to control excessive noise and vibration in plant equipment as required, Contrary to condition 2.9.1 of Permit BL1096 and Regulation 32(1)(b) of the Pollution Prevention and Control (England and Wales) Regulations 2000.
FINE: £50,000
5. Offence asked to be taken into consideration
Castle Cement Limited on or before the 7th day of October 2009 failed to maintain all plant, equipment and technical means used in operating the installation in good operating condition in that it failed to maintain a section of pipework from Cement Mill 4, being used to transport OPC cement to dedicated storage silo 5, which resulted in the release of fugitive cement dust. Contrary to condition 1.1.4 of Environmental Permit BL1096 as varied by Permit Variation YP3438 [previously condition 2.1.2 of Environmental Permit BL1096] and Regulation 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007.
COST: £54,649
