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Posted By safety medic
Not often environmental threads are seen on the discussion forum but thought id give it a go.
On a construction site we are required to hold a discharge consent for site water run off. This consent applies certain conditions such as the limit of ppm for discharge in the water.
Now to the question. Nowhere in the consent does it mention what action is to be taken if the site has a result (currently independently tested) above the consent limit. Does anyone know of any reference in regulation or guidance where known results must be reported.
There is obviously a moral argument for reporting honestly, but you try telling the contractor that with a 20k fine pending!
Help is much appreciated
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Rank: Guest
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Posted By Barry Cooper
Medic
If your run off water is above the consent limit, then you are required to report it.
As you rightly said you could be prosecuted, but very unlikely if you report it and have implemented corrective and preventive actions to prevent a recurrence. More likely to be presecuted (with a heavier fine) if you don't report it, and the authority carries out a spot check and finds it over the consent limit.
The important thing is to find out how and why you exceeded the consent limit, and put in place controls to prevent a recurrence.
Barry
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Rank: Guest
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Posted By Barry Cooper
Medic
Where does the water run off to, sewer or controlled water (river, as this will determine which piece of legislation applies. But it is an offence to discharge contaminated water into controlled water.
Barry
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Posted By Jim Masson
Not 100% certain regarding construction sites, but you have a requirement under normal discharge consents to report the incident to the issuer (water company) and possibly also to EA / SEPA.
As previous poster said, unlikely to be penalised if first offence and you report it yourself.
Worst thing is usually if a member of the public reports a discharge and the authorities then have to investigate - this tends to lead to action so they can recover their costs.
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Rank: Guest
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Posted By safety medic
Cheers Barry,
Run off is going to controlled water, I figured we would have to report and favourable if we do it rather than let the EA/LA find out but which piece of legislation applies, I cant find it.
Many thanks
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