3 Responses to Incinerator campaign seeks justice by going to Court of Appeal

1. mraemiller says:

   December 1, 2014 at 12:07 pm

   In other news the House of Commons are debating “reviewing” Judicial Review today.

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2. stanislaw prokop (@alphaemitter) says:

   December 2, 2014 at 10:43 am

   There’s been a lot of judgements coming down recently….perhaps people will forgive me quoting extensively from one in 2009,that may even seem irrelevant. What’s Corby got to do with Beddington?

   Through Corby drove convoys of ill-protected loads of contaminated mud from the demolition of the Corby Steel Works…a number of children were born with limb deformities (we know little of the other ill-health that would have resulted locally).Their parents took Corby Borough Council to court.

   THROUGH LOCAL ROADS will be coming convoys of lorries carrying loads of exceedingly toxic FLY ASH. How is the safety of these loads to be guaranteed? Will they have HAZMAT warnings on them. What will the accidental spillage procedures be? Who will be responsible for damages, in the legal sense?

   The illustrations,below, is of levels of metals due to be coming from the Beddington chimneys (Viridor’s numbers) and of nanoparticles in the lungs.

   This is some of what Justice AKENHEAD had to say

   http://en.wikipedia.org/wiki/C…

   http://www.bailii.org/ew/cases…

   “· Dr Flaks, correctly in my
   judgement, identified PAHs, dioxins and heavy metals as the likely teratogens.
   The former were present at the BSC site largely as a consequence of the coke
   making processes used on the site over many years whilst the latter were the by
   products of the iron and steel making process. Also, dioxins and furans (PCCDs
   and PCDDs) were produced in the electric arc furnace process as well as in the
   sintering process. Dioxins and furans accumulate in the body and are only very
   slowly eliminated.

   ·
   So far as dioxins are concerned, Dr Flaks commented,
   based on papers and research, that it should have been obvious that the BSC
   site would be contaminated with dioxins when it closed, it being inevitable
   that dioxins would have been produced during the steel works operation (in
   particular the sintering plant); dioxins were and are known to be extremely
   stable in the soil. Decommissioning should have taken this into account so that
   any patches of heavily contaminated soil could have been identified and
   disposed of by incineration. The toxic characteristics of dioxins had been
   widely published since the 1970s and the technology for analysis and disposal
   was readily available in the early 1980s when remediation work at Corby was
   proposed. The toxic characteristics of dioxins include damage to human health
   (and potential damage to the embryo). I accept this evidence; it is logical and
   backed up by numerous papers and research.

   ·
   Dr Flaks was of the view, which I accept, that embryos
   and foetuses are much more sensitive to toxic chemicals than adults. The dosage
   of a teratogen required to induce birth defects can be much lower than that
   which would be required to cause toxic effects in adults and, although its
   teratogenic effects may be the result of induction by high doses, they may also
   be induced by low level exposures.

   ·
   During the period from conception until implantation,
   insults to the embryo are likely to result either in its death and miscarriage
   or resorption, or in its intact survival. At this stage, the embryo is able to
   repair itself by multiplication of its undifferentiated cells. The embryonic
   period, from 18 to 54-60 days after conception, is the period when the organs
   are developing and is the period of maximum sensitivity to teratogenesis, since
   tissue damage becomes irreparable. The foetal phase, from the end of the
   embryonic stage to birth is the period when growth and maturation of previously
   formed organs takes place, and exposure to teratogens is likely to affect
   foetal growth, or the size or function of a specific organ, rather than to
   cause gross structural defects. Human teratogenicity is indicated by a
   recognizable pattern of anomalies, a statistically higher prevalence of a
   particular anomaly in patients exposed to an agent (which is an epidemiological
   facet), the presence of the agent during the stage of development of the
   affected organ, a lower incidence of the defect in the population prior to the
   introduction of the agent, and production of birth defects in experimental
   animals by the agent.

   ·
   To induce a teratogenic effect, teratogenic substances
   must be administered during organogenesis, the period of embryological
   differentiation. The critical period of organogenesis in humans is 20-55 days
   (or 35-70 days after the last menstrual period). The nature and incidence of
   effects are dependent on the particular developmental stage when exposure
   occurs. During embryonic differentiation or organogenesis, the embryo is highly
   susceptible to teratogenic insult. Following differentiation, the foetus
   becomes progressively less susceptible to teratogenic stimuli, although
   increasing the dosage may or extend the period of susceptibility.

   ·
   Most known teratogens have been identified through
   experimental animal studies. It is of course not ethical for any teratogenic
   tests to be done on pregnant mothers let alone on embryos and foetuses. A
   problem with this is that there is no exact or mathematical correlation between
   what will affect a mouse foetus and a human foetus. Only about 19 drugs or
   groups of drugs and three other chemicals (methyl mercury, toluene and
   polychlorinated biphenyls) have been established as teratogenic agents in
   humans (by clusters of abnormalities being observed by physicians) whereas
   about 1,500 teratogens have been identified in laboratory animals (mainly by
   laboratory testing).

   ·
   A teratogenic response depends upon the administration
   of a specific treatment of a particular dose to a genetically susceptible
   species when the embryos are in a susceptible stage of development.
   Susceptibility to teratogenesis by a particular chemical depends on differences
   between species and between strains within a species. Variables determining
   strain susceptibility include maternal parity and weight, foetal weight, number
   of young, size of the placenta, foetal and maternal production of hormones, and
   maternal utilization of vitamins and other essential nutrients. This is
   modified by environmental factors, such as diet, season and temperature.

   · Dr Flaks’ view, which I
   accept, is that the most likely teratogenic agents are Dioxins, PAHs and
   particular heavy metals, namely CHROMIUM, NICKEL and CADMIUM and respective
   compounds of these metals. It is at least theoretically possible that other
   agents might also be active. This does not exclude other agents that might have
   been present Dr Flaks could not identify what was likely to be the effective
   dosage of any one of these agents for human teratogenesis because the
   information does not exist. Further, the precise mechanism whereby any of these
   teratogens act is largely unknown. Toxicological coupled with epidemiological
   evidence can provide useful evidence as to the cause of birth defects.

   Air Pollution and Safety Risk Management

   ·
   Since the primary case made by the Claimants is that the
   birth defects were caused by the inhalation by the Claimants’ mothers during
   pregnancy of air borne contaminant bearing dusts, the evidence from the experts
   in the area of air pollution is important to determine how and in what
   circumstances dusts from the site could or would reach the mothers.

   · Dr Cox MBE, the expert in
   this field for the Claimants, secured his PhD in air pollution predictive
   modelling from Imperial College, London in 1975 and, as a chartered mechanical
   Consulting Engineer, has spent much of his professional career in risk analysis
   as well as risk management. He has had to address the dispersion and release of
   gases and the impact of biocidal products and for 10 years he served on the
   Health and Safety Executive’s Advisory Committee on Dangerous Substances. He
   “spotted” a serious error in published papers by Ove Arup and IEA
   upon which Ms Heasman and Dr Searle had relied relating to the distance which
   small particles (under 10 microns) may travel. This had not been picked up
   either by Ms Heasman and Dr Searl; Ms Heasman ultimately accepted the error. He
   gave his evidence in a relaxed and self deprecating way and did not seek ever
   to exaggerate his views.

   ·
   Before reviewing this area of the case, it is necessary
   to make findings at least broadly as to what levels of contaminated dust were
   likely to be present, where and in what quantities. In my judgement, there was
   a virtually constant generation of contaminated mud and dust from and including
   1985 onwards to at least June 1997. There was almost constant work over this
   period by CBC and its contractors, but, even when there were slacker periods,
   dust would still have been released from the CBC sites or some of them,
   particularly Deene Quarry. Substantial quantities of contaminated material were
   carried on and on to the public roads mostly with unsheeted lorries. The main
   roads on which they were carried were Gretton Road, Gretton Brook Road, Phoenix
   Parkway, Steel Road, Shelton Road, Geddington Road and Weldon Road. It is clear
   and I find that the sweeping of the roads was inadequate and often not done to
   all. Once deposited on the roads, the mud and dust would inevitably be spread
   even further around the roads and the town by other vehicles passing over it.
   There is every reason to conclude in addition that dust was generated in drying
   and drier weather off the sites during demolition, excavation, transporting,
   depositing and grading and levelling operations involving the substantial
   quantities of contaminated materials. In similar conditions, where slurries had
   been exposed to the air (as on Willowbrook North A) or spread and deposited on
   the surface (as when Toxic Ponds 3and 4 were deposited in the north-east corner
   of Deene Quarry) there would be contaminated dust generated from those sites.
   It would be facile to believe or expect as a matter of fact that at any one
   material time during this overall period there was only one precise point
   source of contaminated dust being generated.

   · As Dr Cox said, not only
   would vehicles carry material some distance, it would either come off because
   it was blown off the back or by way of being dropped off the wheels or
   undercarriage; if the material was wet, it could also spill over at the edges
   of the lorry. Any material dropped onto the ground including the roads or
   pavements could then be re-mobilised either by wind or by passing vehicles.

   One needs to bring
   together the findings overall, There was a statistically significant cluster of
   birth defects between 1989 and 1999. Toxicologically there were present on and
   from the CBC sites over the whole period from 1985 (and possibly before) until
   1997 the types of contaminants which could cause the birth defects complained
   of by the Claimants. There was an extended period between 1983 and August 1997
   in which CBC was extensively negligent in its control and management of the
   sites which they acquired from BSC and otherwise used. That negligence and, as
   from 1 April 1992, breach of statutory duty on the part of CBC permitted and
   led to the extensive dispersal of contaminated mud and dust over public areas
   of Corby and into and over private homes with the result that the contaminants
   could realistically have caused the types of birth defects of which complaint
   has been made by the Claimants (save in limited respects). It can not however
   be demonstrated that after August 1997 the birth defects in children conceived
   thereafter could be caused by any breaches of duty or public nuisance occurring
   before that time; there can have been no significant emissions of the relevant
   contaminants after that time which could have caused birth defects of the types
   with which this case is concerned. CBC is liable in public nuisance, negligence
   and breach of statutory duty, obviously subject to it being established in
   later proceedings by individual Claimants that their particular conditions were
   actually caused by the defaults identified in this judgement.”

   I must be frank.I have very little trust that either the councils (particularly Sutton) that make up the SLWP or Viridor will do the relevant monitoring with sufficient rigour and transparency. You would not believe how diluted the regimes have become, since the “cutting of red tape” in EU legislation. How will you know?

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3. stanislaw prokop (@alphaemitter) says:

   December 2, 2014 at 1:24 pm

   Sorry but the links are wrong…
   The Corby Case (Erin Brokowitcz)
   http://en.wikipedia.org/wiki/Corby_toxic_waste_case

   Implications for industry

   Paula Jefferson, head of Beachcroft LLP’s Disease Group, said: “Any organisation involved in any activity in the future, where there is the potential for release of harmful substances in to the atmosphere, should ensure that they have taken all necessary steps to identify the potential contamination and to then ensure that they either employ, or have themselves the necessary skills, to deal with that contamination. The principles in the judgment apply not just when there is demolition in progress, but to any activity where there is potential for exposure in to the atmosphere. Where there is any known potential for such exposure, then regard should be had to not just the onsite workforce but also to those living and working in the surrounding area. In the Corby case the area of risk was 4km from the demolition site. The area for potential exposure will clearly vary depending on the circumstances of each case. In essence, the message remains the same – proper risk assessment is key and must include identifying the appropriate people to do the job and not cutting corners, which, as has been proved for Corby Borough Council, is likely to be false economy.”[29]
   The Full Judgement transcript:
   http://www.bailii.org/ew/cases/EWHC/TCC/2009/1944.html
   ” Dr Flaks’ view, which I
   accept, is that the most likely teratogenic agents are Dioxins, PAHs and
   particular heavy metals, namely CHROMIUM, NICKEL and CADMIUM and respective
   compounds of these metals”.
   Viridors own modelled numbers put these metals in the red LARGE IMPACT RANGE together with Arsenic,a known powerful carcinogen.

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