June 19, 2017

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In court

Tesco fined £8m for petrol station leak

Tesco Stores Ltd have been fined a total of £8million at Preston Crown Court – £5million for a health and safety charge and £3million for an environmental offence – following a fuel leak from one of its petrol stations, which polluted waterways and sewers.

The incident, which occurred in July 2014, sparked a huge multi-agency operation involving the Environment Agency, Lancashire County Council, United Utilities, Lancashire Fire and Rescue Service and Lancashire Police.

Impact

It had a massive impact on the local community and environment with residents having to leave their homes due to petrol odours coming from the sewer network.

The Environment Agency’s joint investigation with partners found that the incident resulted from Tesco’s failure to address a known issue with part of the fuel delivery system and an inadequate alarm system and was compounded by poor emergency procedures.

Between Wednesday 2 July and Thursday 3 July 2014 approximately 23,500 litres of petrol escaped from a petrol filling tank at a petrol station in Haslingden operated by Tesco.

Petrol entered the sewerage system with the odours affecting residents up to 1km away causing people to seek medical attention with headaches and sickness. The odours remained in the homes for a number of days.

About 23,500 litres of unleaded petrol leaked from the tank over a 29 hour period. Around 7,000 litres was later recovered at the site and the remainder escaped into the sewer system and watercourse.

Charges

Tesco Stores Ltd pleaded guilty to causing a water discharge activity not under and to the extent authorised by an Environmental Permit, contrary to Regulation 12(1)(b) and 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2010. A guilty plea was entered at an earlier hearing at Burnley Crown Court on 12 September 2016.

There was a further indictment led by Lancashire County Council: Contravention of Regulation 6(8) of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 contrary to s.33(1)(c) of the Health and Safety at Work Act 1974. A guilty plea was also entered for this charge.

Tesco Stores Ltd were fined a total of £8million at Preston Crown Court; £5million for the health and safety charge and £3million for the environmental offence. They were also ordered to pay Environment Agency costs of £35,434.30 and (approx.) £22,000 to Lancashire County Council.

County Councillor Albert Atkinson, deputy leader of Lancashire County Council with responsibility for Trading Standards, said: “This was a major leak of fuel in a relatively built-up area and close to a busy superstore. The potential consequences are only too obvious.

“The fact that the leak was allowed to continue for more than 24 hours undoubtedly contributed to a risk of harm to people living and working nearby, as well as emergency services and other professionals attending the incident.”

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