Ministers and Scottish Water face legal action over pollution at marina

Scottish ministers and Scottish Water are both in the dock over a new £15 million waste plant that spills sewage into a marina up to 1000 times a year.

Ministers are facing legal action from the European Commission, while Scottish Water has been reported to the procurator fiscal by the Scottish Environment Protection Agency (Sepa) for frequently breaching pollution rules.

If Scottish Water is convicted, it will be the 17th time it has been found guilty of a sewage pollution offence since November 2004.

According to environmental groups, the public agency is "Scotland's most frequently prosecuted environmental criminal".

The problems with the sewerage system at Campbeltown, in the south of the Kintyre peninsula, are legion. Since a new plant was built there in 2001, there have been thousands of filthy spillages.

After heavy rain, the plant often overflows and spews out diluted sewage into Campbeltown Loch, just off the harbour. Before the plant was upgraded in 2006, it used to regularly flood local streets with foul waste.

According to data released by Scottish Water to local residents under freedom of information legislation, the sewage overflowed into the harbour for 2303 hours during 2007, mostly in the winter.

Other data disclosed by Scottish Water shows many millions of litres of sewage have been tankered 130 miles to treatment plants in Glasgow to help ease the burden on Campbeltown. The data suggests an average of more than 20 tankers trips have been made every week.

"The cost to the environment and the public purse is horrifying," said Charles Murphy, chairman of the Campbeltown Sewerage Task Force. "We have calculated the cost of hauling sludge from Campbeltown to Glasgow is more than £600,000 per annum."

He added: "It is disgraceful that Campbeltown residents have brought the failure of the sewerage system to the attention of the most senior staff in Scottish Water and Sepa over a period of many years but there has been no progress in reducing the serious pollution of the loch."

It was the task force that lodged a complaint with the European Commission, triggering formal infraction proceedings against the UK and Scottish governments. In an effort to remedy the problem, Scottish Water is now proposing to build a new pipeline to take the sewage further out to sea.

But, according to an internal report from Sepa, this will still breach European law because it envisages nearly 100 spillages a year into shallow waters where shellfish are harvested. "The scheme can only be described as profligate and irresponsible," said Murphy.

"Scottish Water wants to spend another £12m of public money on extending the sewer outfall which will simply discharge the same amount of untreated sewage as it does now into the same body of water."

Reports from Sepa show Scottish Water has been taken to court for 16 sewage spills across the country over the past three-and-a-quarter years. In 15 cases it has been fined a total of £87,000, and in one instance it was admonished (see table).

"The prosecutions are only the tip of the iceberg," said Duncan McLaren, chief executive of Friends of the Earth Scotland. "Only about one in 100 water pollution incidents is successfully prosecuted. With increasing winter rainfall resulting from climate change, incidents like those in Campbeltown are only likely to become more frequent," he argued.

"Extra investment is needed to protect the environment, and sailors, surfers and swimmers."

Sepa confirmed it had submitted reports on sewage incidents in Campbeltown to the procurator fiscal, and was awaiting the outcome.

"Scottish Water is investing in much-needed improvements to Scotland's ageing sewerage infrastructure right across the country," said Sepa's chief executive, Campbell Gemmell. "However, in dealing with licence applications, Sepa's job is to ensure issues such as potential pollution and flooding are fully addressed."

Internal documents show Sepa initially opposed Scottish Water's application to extend the sewer pipeline, but then decided to approve it with stringent conditions attached. In December, after procedural confusion, the application ended up with Scottish ministers, who now plan to hold a public hearing.

The Scottish government confirmed it was facing legal proceedings from the European Commission on Campbeltown's sewage system. "It is premature to speculate while this process is still under way, whether or not any prosecution is likely or otherwise under European law," said a government spokesman.

Scottish Water accepted there had been "operational issues" with the Kinloch Park sewage pumping station in Campbeltown. "We regret any inconvenience or distress to our customers," it said in a statement to the Sunday Herald.

"When something goes wrong our priority is to remedy the situation as soon as possible. Our proposed investment in the pumping station and the waste-water treatment works will improve the robustness of the operation at the plant."

Helen Lennox, head of corporate affairs, added: "We are determined to work with the community to put in a system that will alleviate the issues which affect Campbeltown. We understand their frustration at the delay but would reassure them it is being given the highest priority within Scottish Water."

Some of the sewage data Scottish Water released to Campbeltown residents contained an error, a spokesman added. The data was being revised and could lead to a reduction in the estimated number of tanker movements.