Corby Group Litigation, Re

This claim relates to birth defects said to have been caused to a group of children born between 1986 and 1999 as a result of negligence, breach of statutory duty and public nuisance on the part of Corby Borough Council and its statutory predecessor Corby District Council (collectively “CBC”) in connection with the reclamation of the extensive British Steel (“BSC”) site to the east of the town of Corby. The birth defects are shortened or missing arms, legs and fingers in the main and are said to have been caused as a the result of ingestion or inhalation of harmful substances generated by the reclamation works and spread in various ways through many parts of Corby. The harmful substances are said to be Cadmium, Chromium, Nickel, Dioxins and PAHs on their own or in combination.

It must be borne in mind that this trial has not as such been an open-ended inquiry in which the Court in an inquisitorial manner seeks to determine unilaterally what happened and what caused the birth defects. The Claimants have pleaded what their case is and it is that case which they have to establish broadly upon a balance of probabilities and which CBC has to meet. Thus, the Court is restricted to the evidence put before it. For instance, neither party has provided evidence to demonstrate whether there was statistically an increase in miscarriages or stillbirths during the period over which the Claimants were conceived and there has been no comparison with what had occurred over the previous years in Corby or since so far as the incidence of birth defects, miscarriages and still births were concerned; that might have been of assistance to support either side’s position. I suggested at an earlier procedural meeting that the parties might consider whether such evidence might be adduced. Further examples are Messrs Cropley and Palmer who were senior engineers and who were dismissed by CBC in early 1997; they were heavily involved in many of the projects about which criticism is made in these proceedings; neither party saw fit to call either of these people. Furthermore, although many thousands of pages of contemporary documents have been produced, many documents have not been; for instance, CBC has had a large number of documents destroyed accidentally; consequently, there are large gaps in the documentation. It would be wrong to speculate as to evidence which was not put before the Court. I must decide this case based on the evidence adduced by the parties.

This is currently “Group” litigation in which a group of 18 Claimants have joined. The Group Litigation Order requires this Court to consider and address specific issues which are generic and common to the Claimants. The Court is not required at this stage to find that CBC is liable for damages to any individual Claimant but the issues which are now decided are to a large extent pre-requisite issues in any determination of liability. There are five specific issues which are expressly the subject of the Group Litigation Order which largely by agreement have been amplified by the addition of a further 25 sub-issues.

Corby was a small Northamptonshire village until it grew as a result of steelmaking. The area was known for a long time, indeed from Roman times, as one which contained ironstone deposits; indeed, the Domesday Book records the “manor of Corbei” as an iron producing centre. By 1910, Corby had its own ironstone works which were taken over by Stewarts and Lloyds. By the 1930s, a large integrated steelworks was in place on the east and north-east of what was now becoming a town. There was a large influx of steelworkers, particularly from Scotland. The town prospered and it was designated a new town in 1950. The population grew to some 50,000. Other industries and businesses were attracted to the area, such as Golden Wonder Crisps, Sealed Beam and Weetabix, and were also located on the east side and north sides of Corby.

Following steel nationalisation in 1967, BSC took over. However, by late 1979, it had been decided that BSC would shut down which it did shortly thereafter, although the tube making facility was retained (now operated by Corus/Tata). Some thousands of people were made redundant from BSC and associated businesses from 1980 onwards. The BSC site as a whole extended historically to the south and north as well as the east of the town. Thus, ironstone quarries had been excavated at what is now the Earlstrees Industrial site to the north north east of the old town centre and at Cowthwick to the south east.

CBC, then the District Council, with some grant funding, decided to acquire the bulk of the BSC sites, some 680 acres broadly in the north to east quadrant of the centre of Corby and initiated extensive reclamation of that whole area over a 15 year period from about 1983 to 1997. That area appears to have represented about 50-60% of what had been historically owned by BSC and its predecessors. Broadly the sites acquired represented on plan a parallelogram shape of about 2.6 by 2 kilometres, bounded on the South by the Weldon Road, to the East by Bransgrave and Gretton Roads, to the North by Gretton Park Road and to the West by the (north-south railway line). Over the years which followed the reclamation, a large number of businesses relocated to Corby so that employment levels are high.

I have prepared a Location Plan (not to scale and purely for illustrative purposes) which broadly identifies where the principal sites and roads were.

The Court was provided with a book “Corby Iron and Steel Works” by S. Purcell (2002, Tempus) which provides some useful background. Key features of the site were:

The parties, experts and Counsel have all used a large number of words and acronyms which, to many, would be meaningless. I prepared and showed the following lists to the parties.

A. Without exception I found the parents of the 18 Claimants on the register to be wholly honest and to have done their best to recall what had been happening in Corby at the time that the mothers became pregnant with the Claimants. They all gave their evidence in what I can properly call a dignified way. I set out below in a table some of the more enlightening evidence which they gave and which I found convincing.

As for the Defendant’s witnesses, my impressions were as follows:

This Chapter of the judgment addresses the general history relating to the site and to the involvement of CBC and the emergence of the suggestion that there was a cluster of birth defects amongst children of Corby mothers. The documentation is incomplete and so necessarily I have had to do the best that I can on the written and other evidence available.

Over the 19 years with which this claim is specifically concerned, CBC entered into over 100 formal contracts for civil engineering works with contractors. The works included wholesale demolition of superstructures and substructures, ground, the construction of new roads and sewers, service diversions, finishing works such as footpaths, topsoiling, landscaping and re-seeding, the creation of tip containment facilities for contaminated materials and the construction of balancing reservoirs. Apart from material moved off site, I assess that some 1,500,000 to 2,000,000 cubic metres of contaminated material was excavated and transported to parts of the old BSC site acquired by CBC, much of it by and across public roads and the large bulk of it in un-sheeted lorries. Some of that material was double handled, for instance placed in stockpiles and then moved again to as with the Toxic Ponds reclamation sludge moved on from one pond to another and then moved to elsewhere. The whole exercise was described as being the largest reclamation operation in Europe at the time.

Corby District Council, the predecessor to CBC, had dealt with numerous planning applications by BSC over the years prior to CBC’s direct involvement in the side. For instance the Council dealt with an application by BSC for planning permission for a steel framed building and lime powder storage silo at the site in July 1974. It is clear that CBC and its predecessor council had a reasonable general knowledge of the processes and the location of the various buildings, structures and facilities on the BSC site prior to its purchase of it.

By the 1970s, BSC had a well established effluent disposal piped system over the whole site. In 1978, BSC’s Works Chemist and others carried out an apparently comprehensive survey of "Tanker Services for Effluent Disposal within the Corby Works”. This related primarily to a number of effluent and settling ponds into which toxic materials had been pumped or deposited. The Western Effluent Ponds became known as the Toxic Ponds, seven in number, and various other Ponds such as the North, South and Central Settling Ponds and the East Effluent Ponds are also described. BSC had a drainage system by which waste materials in water or slurry form were eventually taken off site. The Toxic Ponds were also filled with liquid and slurry wastes brought by road tankers from various parts of the BSC site. I will return to consider the detailed history relating to some of these Ponds later in this judgement. These Ponds were said to have a capacity of 20,000,000 gallons or some 91,000m³. The contents were described as having very high toxicity ranging from “acid with no oil to alkaline with much oil”. There were also what was described separately as the 5 Northern Settling Ponds and an Eastern Effluent Pond. From this and other evidence, it is clear that the area north of the northern arm of the Willow Brook, which later is referred to as Deene Quarry, was a dumping ground for industrial effluents and by-products of the iron, steel and coke making process, many of which were toxic.

As Dr Smith attested, the site was as one might expect after so much heavy industry carried on there. The buildings were massive constructions with very heavy foundations and the ground around them was built up with wastes such as slag and ash. The outlying areas were equally contaminated. The disposal of waste had been unregulated for most of the time from the 1930s to the 1970s. It had been deposited on the nearest available land, mostly in the area that was later described as Deene Quarry. The precise history of waste disposal practices by the steel works, since its opening, had never been recorded, even by BSC to whose records Dr Smith and CBC had access albeit that from the 1970s, when waste disposal had started to be regulated, there was more information, but it was still not very detailed.

By March 1980, BSC had decided to close down the bulk of its operation in Corby. It commissioned engineers, White Young, to consider the feasibility of establishing a serviced industrial development site; in broad terms, this related to some 200 acres in the Willowbrook area. The authors concluded that this area was a suitable and appropriate site industrial development and it was capable of rapid development. This report seems to have concentrated more on whether the underlying ground could take appropriate foundations rather than upon any complications raised by the presence of soil contamination. A relatively limited borehole survey was done.

On 4 June 1980, Northampton County Council as the Waste Disposal Authority under Section 5 of the Control of Pollution Act 1974 granted to BSC a licence valid until 31 May 1982 to deposit "controlled waste" on the Toxic, Candy Filter and the Blast Furnace Settling Ponds. A "Draft Operational Statement” records that:

“Periodically each settling pond is taken out of stream, the settled sludge excavated and taken to a sludge tip by dump truck. Grid references of the sludge tips are respectively... In each case the sludge is tipped in to worked out areas and allowed to dry out. After drying the material is levelled off; the areas will eventually be reclaimed."

By this time, CBC was actively considering the purchase of at least parts of the BSC site. It retained Mr Ibbotson to do a number of studies relating to the possible reclamation of derelict land at the Blast Furnace, Willowbrook, Deene Quarry, Corby Sidings, Earlstrees and Weldon Industrial Estate sites. This related to some 800 acres. Mr Ibbotson did these studies in September 1980 pursuant to an appointment from CBC; the terms of reference are recorded in a letter dated the 23 September 1980 from the Council on behalf of itself and the Commission for New Towns:

“The terms of reference of your appointment are as follows:

(1)

To identify areas of land within the Corby District which potentially are capable of being the subject of an application to reclamation grant by the local authority.

(2)

Pursuant to 1) above to take all necessary consultations with officers of the District Council and Commission for New Towns to determine such sites.

(3)

to prepare for submission within the time-scale of your appointment and application for reclamation funding arrangements with the Department of the Environment…”

CBC, before retaining him, had obtained a reference from Derbyshire County Council which had retained him initially for four years in 1970 as a Senior Assistant in Reclamation and later in 1975 he was a Senior and then Principal Engineer rising to Group leader in its Reclamation department. It spoke highly of him and indicated that he had been involved in colliery reclamations

In October 1980, CBC granted planning permission to the CNT to develop land for industrial use and land adjoining the Weldon industrial estate phase 1, to the east of the Willowbrook site.

By letter dated 18 November 1980, CBC asked Mr Ibbotson for comments in respect of the following:

“a)

the ability of you and/or your partnership (if a partnership please supply details) to undertake possibly a five-year contract renewable annually for the reclamation works in Corby.

b)

the ability of your partnership to provide:

i)

detailed site investigations

ii)

production of documentation in all forms

iii)

general supervision as the works to be undertaken

c)

your proposals in respect of the proposed charges and fees

d)

your availability in respect of discussion outside immediate contractural responsibilities following commencement of the works, e.g. Discussions with the Department of Environment, Council etc”

It is clear that by this stage CBC had resolved in principle to proceed with a substantial programme of reclamation, subject to funding.

Mr Ibbotson replied on 28 November 1980. His letterhead describes him as "Consultant Engineer”; although he neither was nor became a qualified or chartered engineer, he did not ever describe himself as such. The material parts of his letter are:

“(a)

I wish to inform you that apart from myself, engaged on the project, Dr F.W. Smith, Ph.D., M.I.M.M., C.Eng., will also be joining me together with other staff, e.g. Tracers, Draughtsmen and Engineers, etc. as and when the work proceeds.

…As the person heading the project I have had 20 years experience in civil engineering and the last 10 years with the Derbyshire County Council engaged on the reclamation of derelict land for various after uses… During my employment with the County Council I have had experience in all aspects of reclamation works from the design stage through to the supervision of the work on site, and in the latter years the overall responsibility for the running of the reclamation team.

(b)

Over a number of years I have had considerable experience in the formation of contract documents to this type of work... An important part of the work is in the field of Soil Mechanics as most of the sites are for an industrial after use, and consequently I have employed an expert in this area, Dr Smith...”

By early 1981, CBC was actively negotiating to purchase at least part of the BSC site. Initially CBC was looking to purchase some 255 acres of the former steelworks complex, namely the Blast Furnace site, the ore preparation and handling areas, the Glebe and Deene Coke Oven sites and associated chemical plants, sinter plants, railway sidings, expansion land, settling ponds, ancillary buildings and access roads thereto. By April 1981, this had been purchased.

No complete set of site purchase documents were put before the Court. However, it is common ground that as part of the purchase arrangements BSC undertook the demolition of the superstructures of a number of buildings or structures, including the blast furnace and the main sinter plant. BSC employed at least two contractors, Ward and Bird, to carry out this demolition work in 1981 and 1982. This work was done pursuant to four main demolition contracts which apparently incorporated a draft specification (F61/1). Part of the reason at least why BSC wished to carry out the demolition was to recover the more valuable metal materials.

A formal agreement was drawn up between CBC and Messrs Ibbotson and Smith (described as “the Consulting Engineers”) on 20 May 1981. This agreement wrongly describes them as “Partners” who practised together. In effect the relationship between them was that Mr Ibbotson in effect retained Dr Smith who had no share in the profits generated by Mr Ibbotson or any responsibility for any of his liabilities. The agreement was retrospective to 23 March 1981 and in its preamble confirmed that CBC proposed to carry out a programme of restoration works. The duties were described as follows:

“1.

The Consulting Engineers shall make or be responsible for obtaining all necessary surveys, levels, soundings and borings and shall make such investigations and enquiries as may be necessary or may be required by the Council for the purpose of and in connection with the Works…

2 After such consultation as may be necessary with any authorities having rights or powers in connection with the construction or site of the works the consulting engineers shall submit for the Council's consideration a report on the works together with preliminary plans, designs and an estimate of cost.

3.

The consulting engineers shall upon receipt of the direction in writing to that effect by the Council prepare all such detailed designs, drawings, working drawings, dimensions, sections, plans, specifications, bills of quantities and a revised estimate of cost, together with all other documents, matters or things that may be necessary or may be required by the Council for the purpose of inviting and obtaining tenders for the carrying out of the Works. The duties... shall include the preparation of the draft contract documents… the Consulting Engineers shall be responsible for liaising with British Steel Corporation and their contractors and advising on the most expeditious and economic method of working.

4.

The Consulting Engineers shall aid and advise the council in the consideration of any tenders obtained and the selection of the tender or tenders for acceptance...

5.

The designs, drawings, dimensions, sections, plans, specifications, bills of quantities and other documents, matters or things prepared as aforesaid shall be subject to approval by the Council but no such approval shall affect the responsibility of the Consulting Engineers in connection with the duties undertaken by them under this Agreement…

6.

The Consulting Engineers shall consult all authorities, including British Steel Corporation and the commission for new towns, having rights or powers in connection with the construction or site of the Works…

8.

The Consulting Engineers shall if reasonably possible attend or be represented at all meetings convened by the council to which they may be summoned and shall advise and assist the Council on all matters relating to the duties they have assumed under the Agreement.

9.

The Consulting Engineers shall subject to the approval of the Council... appoint such resident site staff as the consulting engineers consider necessary for the efficient supervision of the work on site. The Consulting Engineers shall also make such inspections as may be necessary and shall keep the Council informed of the progress of the works. The supervision and direction before mentioned shall include the inspection and testing of work and materials and the supervision of works processes.”

In addition to the cost of site, soil and other special investigations and the cost of site staff, Mr Ibbotson was entitled to a reducing percentage fee depending on the cost of the works in question.

Mr Ibbotson by August 1981 had lined up John Buckland as a resident engineer to supervise demolition works on site which were to be undertaken by CBC. Mr Buckland who had some involvement over the following years as a resident engineer for a number of different projects at the BSC site had formerly worked in BSC’s civil engineering department, albeit that he was not a qualified or chartered engineer.

The White Young report had been made available to CBC. This is referred to in a letter from Mr Ibbotson to CBC or 15 September 1981; he referred to it as a "thorough site investigation". He endorsed the development of that site as suitable for industrial development "with a limited amount of engineering works".

By letter dated the 20 October 1981, CBC applied to the Departments of Environment and Transport for 100% grant aid for the cost of “Reclamation of Derelict Land at Blast Furnace Industrial Estate Corby”. This letter highlights the Council's thinking at the time:

“… I wish to formally submit draft proposals for the basic infrastructure necessary to develop the reclaimed land at the former iron and steel making site in Corby.

The application is made under the Local Employment Act 1972 for 100% grant aid to cover the costs of basic infra structure…

The District Council in reaching a decision to develop the land in question has had regard to the critical unemployment levels in the town and the immediate need to make available land for incoming industry…

Following our recent meeting with yourself… please finding enclosed as requested, a plan indicating the basic layout of the industrial estate together with estimates of the total cost involved…

The estimated total cost of the basic infrastructure amounts to £10,017,550.

Sections of the site will be released by the contractors undertaking the present demolition and site clearance works thus enabling the early commencement of the earthworks and engineering contracts.

It is intended to commence the industrial access road from Lloyds Road and extend in a north easterly direction as indicated in phase 1 of the plan…

Also included in the overall proposals is the construction of a link to Gretton Brook Road…”

The attached estimate allowed £30,000 for a soils survey and £1,050,000 for "poor ground conditions". 10% was included for contingencies and 10% for fees.

A document was prepared by CBC at this time which may or may not have accompanied that letter. It is headed "Industrial Land BSC Site and Willowbrook”. The “Aim” was described as follows:

“To achieve the maximum industrial development of the site of 255 acres to meet the unemployment situation in Corby with the best possible commercial basis"

It was obviously known by CBC that the BSC site was or was likely to be seriously contaminated. CBC had not carried out any soil analysis or indeed any survey of the BSC site or sites before they purchased them. Unsurprisingly, there came a time when CBC appreciated that it was necessary actively to consider how contaminated soil was to be disposed. Mr Sharnock, who was the CBC Environmental Health and Enforcement officer, wrote a memo to the Planning and Design Officer, on 8 March 1982:

“ DISPOSAL OF CONTAMINATED SOIL

It is understood that as yet no soil analysis has been carried out on the land recently purchased from BSC.

When such samples are taken I would be grateful to know of any such results before soil is re-sited should they contain the following:-…

4.

Carcinogen Mutagenic or Teratogenic compounds

5.

Mercury and compounds

6.

Cadmium and compounds

7.

Mineral oils and hydrocarbons

8.

Cyanides

Metalloids and Metals and their compounds in his

1.

Zinc…

3.

Nickel

4.

Chrome

5.

Lead…”

Although this memo was passed to Mr Ibbotson, it does not appear to have received any particularly careful consideration thereafter. It is an important document because it shows that CBC was aware that there might be teratogenic elements or materials and was aware of the danger of cadmium, nickel, chromium and oil and hydrocarbon-based materials.

Through 1982 discussions and negotiations continued between CBC and the Departments of Environment and Transport about funding albeit in principle they were satisfied that the application made was justified in principle.

Throughout the early 1980s, BSC continued to use parts of the old site to deposit waste materials from the processes which they continued to run in the buildings and structures which they had retained. Thus it was on 26 May 1982 BSC requested the extension and renewal of their three licences, 002, 003 and 004, from Northamptonshire County Council. The letter confirmed as was the case that Toxic Pond 7 had been backfilled and was no longer being used. On 14 June 1982, the County Council extended the validity of the three licences until 31 May 1984.

By early August 1982, Mr Ibbotson was compiling a list of potential contractors to undertake general reclamation contracts at the BSC site. During July and August and September 1982, CBC let a contract for ground investigation to Norwest Holst Soil Engineering Ltd (“Norwest Holst”) in relation to the sites of the Glebe and Deene Coke ovens which had by that stage already been cleared.

A letter dated 28 February 1983 from the Departments of Environment and Transport gives some insight on what was being done or planned at about that time but it also demonstrates that a substantial amount of documents are missing. The letter clearly is intended to address funding and grants. It confirms that the Blast Furnace and BOS sites had been purchased for £495,000 and £190,000 respectively. It shows that substantial demolition and other works were about to commence at the Iron Making Plant, the Deene Coke Ovens. the By-products and Glebe Ovens areas with tender prices being set out. It also indicated substantial infrastructure works including what was then termed the Weldon-Earlstrees Link Road Phases 1 and 2.

By March 1983 BSC and CBC had agreed subject to contract that the Longhills site, comprising some 22.5 acres, should be sold to CBC. At that stage the Departments of Environment and Transport allocated to CBC £3.5m for derelict land reclamation for 1983/4.

It was clearly intended by CBC that materials arising from the demolition operations being undertaken by it through contractors should be deposited on the BSC site which it was buying. By letter dated 25 March 1983, BSC’s property manager wrote to Mr Ibbotson in these terms:

“…I now confirm that it is the Corporation’s wish that forthwith you cease depositing the reinforced concrete and other clean materials uprising from the demolition area in the present tips and commence the filling of the final Deene gullet which is marked in red on the enclosed plan. The transfer of this tipping facility will require a certain amount of upgrading words to be done to the existing track system...

I appreciate that there are still large quantities of contaminated materials arising from, in particular, the Glebe Coke Oven area, and these you will continue to deposit in your existing tipping facility.

We also require at the end of each month a written return certifying the amount and type of material taken to the tip, so that this can be added to our statutory return…”

The Deene gullet was in the North Eastern part of the site and was an old gulley which had been excavated historically by BSC or its predecessors to recover iron ore. It does not appear that Mr Ibbotson ever prepared any written documentation indicating what quantities and type of materials were taken to the tip either in terms of contaminated or other material.

It is clear that CBC was committed to developing for industrial or warehousing purposes substantial parts of the site which it had purchased. Thus, CBC jointly with the Commission for New Towns commissioned studies from Rodney Environmental Consultants in April 1983 in relation to flood protection prior to further urbanisation of the site and to provide flood storage proposals up stream of the Willowbrook East area development.

From 1983 or before Mr Palmer was working for CBC on reclamation contracts. As appeared later, he had no relevant experience on reclamation work or on dealing with contaminated wastes as CBC must have known. He was concerned with supervising or monitoring works on site albeit at above the level of foreman. Throughout 1983, CBC’s contractors were working at the site engaged on substantial demolition and materials movement works.

That CBC was committed to the development of the site is demonstrated, for instance, by its retention of Soils Engineering Ltd in May 1983 to carry out a ground investigation at the Western or "Heavy" end of the site in the area formerly occupied by the blast furnaces, car park, railway sidings, pig casting plant and gas holder. The expressed object of that investigation was "to establish the ground conditions on the site and the geotechnical properties of the soils in relation to the design of different types of foundations”. It was also asking that an indication be given as to "the existence of any hazardous or toxic chemicals". 28 boreholes were done which revealed, mostly "made ground [which] consisted largely of backfilled ironstone workings with ash, furnace slag, brick, metal and timber”. Flue dusts were also found. The report gave advice about the installation of sewers and roads design, together with the consideration of potential earthworks.

It does not appear that at any time CBC paid any or much heed to the advice given and request made in Mr Sharnock’s memo of 8 March 1982.

There is evidence that when CBC and its contractors came to demolish some of the structures left at the site, particularly the heavy substructures left in the ground, they had to use explosives. Mr Buckland’s draft statement indicates these would cause dust albeit he said that the dust would settle within minutes. He accepted that there was “quite a lot of dust from the wheels as they drove over haul roads”.

As early as 1983, CBC was interested in the Soothills and Sootbank areas to the south of Weldon Road. It asked consulting engineers, Pick Everard, in May 1983 to quote for providing various survey works at the site.

On 7 September 1983, CBC granted to itself planning permission to construct a public highway and carry out and associated works of land north-west of the tube works site which BSC had retained. This road was to become Steel Road leading into Phoenix Parkway and was part of the link between Weldon and Earlstrees. These roads had the effect, once constructed, of opening up the old BSC site so that more developments could be done close to public roads.

It does not appear that any or any particularly effective measures were taken to exclude the public, albeit probably as trespassers, from the sites which CBC had purchased. At a meeting attended by various CBC representatives and Mr Ibbotson on 13 September 1983, it was reported that people had been swimming in some of the contaminated ponds. There was a discussion of this meeting about the Willowbrook Central and West sites, it being recorded that about one third would be expensive to develop because it consisted of old sludge lagoons with the depth of slurry ranging from 4 to 10 metres. Mr Hinvest of the CNT which was proposing to develop its site to the east of CBC’s Willowbrook site and on the basis of work done for the Commission, said that the BSC tipping operations had been very haphazard without records having been kept.

By October 1983, it was being reported that the contractor was removing screened slag from the various stockpiles of material on the Longhills site and that numerous lorries were crossing the site to gain access to an adjoining quarry and fly tipping was taking place on the site. BSC, having sold its land to CBC, had given up its rights to remove slag from it.

Mr Ibbotson reported to CBC in December 1983 about the proposed reclamation of derelict land at the Willowbrook site, in particular the buried slurry lagoon. His report illustrates what had become probably by then, but definitely thereafter, became, the "Dig and dump” policy. This policy, which was not in fact adopted for absolutely all materials excavated (only for the very large part thereof), involved the transporting of materials excavated on CBC's sites for deposit in the North Eastern quadrant of the site. The 33 acres of buried slurry lagoon, for example, was, Mr Ibbotson recommended, to be excavated and "deposited in a void in Deene Quarry or an area to the east adjoining Gretton Brook Road".

CBC knew at all times of the potential dangers to workmen and other personnel working in or on ground that was chemically contaminated. For instance at a special meeting between representatives of CBC, WS Atkins (including Mr Barry) and the contractor Noone and McGowan working on the “Heavy End Phase 1” project, held on 9 January 1984, there was a discussion about how trial pits were to be excavated and other safety procedures relating to excavations and backfilling of one sort or another.

By this time Mr Downey had begun work for CBC and the first of his logs is dated 10 January 1984. He apparently visited the Sinter Plant, the Lloyds Road Intersection, Phoenix Parkway, Toxic Ponds, Deene Quarry and Scrap Area, the Earlstrees to Weldon Link Road, the Willowbrook area and the BOS plant during the day. He seems to have visited six of these sites on a number of occasions throughout the day whilst for two of them he visited only once. He does not seem to have been supervising work as such or controlling or monitoring safety as such. If anything he seems to have been recording progress, limited though it was on that particular day.

On 17 January 1984, CBC let a contract to contractors, Kottler & Heron Construction Ltd, for Phase IIa of the Earlstrees-Weldon Link Road. In this contract which seems to have incorporated the standard ICE conditions of contract there was as in other civil engineering contracts let by CBC a requirement on the contractor to keep the highway in the facility of the works and any other highways used by the contractors vehicles clear of mud and other debris falling from vehicles connected with the works or spread on the highways as a result of the works.

It seems to have been common on many of the projects on CBC's sites that chemical deposits of one sort or another were found at varying depths. An example is on the Heavy End Phase 1 project where an area of significant tar and fuel oil deposits was found at a depth of 3.5 metres in January 1984. It was reported on 31 January 1984 that “the appearance of coal tars and associated organic compounds is almost a daily occurrence”. Similarly in February 1984 naphthalene or coal naphtha vapours were encountered on that project together with old slag waste which when broken into released acid gases.

WS Atkins and Mr Barry, who gave evidence, were "on board" by this time. As appears later in this judgement they made a number of recommendations and produced a number of reports, some of which were followed by CBC and some of which were not. For instance in February 1984, Mr Barry made "Recommendations for Chemical Investigation" in relation to the iron making and BOS plant areas in the following terms:

“Based on the knowledge of the previous uses of the areas in question, there is a fundamental need for properly investigating the existing chemical regimes on the site. There are likely to be a range of toxic and hazardous substances in the ground that are a legacy from the previous industrial processes and activities and wedge can affect a number of different ‘ targets’ in different ways:

-site workers can be affected by liquids, and dusts, solids, and gases;

-future site uses could also be at risk albeit to a more modest degree...

-plant life can be adversely affected”

He reported, in relation to the site history that the iron making plant and area would be contaminated by amongst other things, heavy metals and mineral oils.

On 6 February 1984, CBC gave planning permission for the erection of a superstore, retail shop units, retail warehouses and a petrol filling station together with roads and car parks at land at Phoenix Parkway. This was to become the site of the Asda supermarket.

By March 1984, BSC had made it clear that they were willing to sell some 280 acres of further land, mainly Deene Quarry, and what had been formerly a contractor’s yard. In principle, CBC was interested in purchasing and, indeed, this went through some time later.

Although Noone and McGowan had been working on the Heavy End Phase 1 project for some time, it was only on 26 April 1984 that the formal contract under seal was entered into. The specification as for many of the future specifications contained the "Mud on Highway" clause and also a clause relating to “Vehicles”:

“The Contractor shall take all reasonable precautions to prevent contamination of public roads by vehicles leaving the site. These should include wheel-washing in the event of contact with toxic materials.”

It is unlikely that any effective wheel washing facility of any sort was provided for this project or indeed most of the projects undertaken by CBC.

Dust as a site problem at least was known about. For instance, CBC’s safety officer reported "windblown dust" in a memorandum of one of May 1984, albeit at a time when no significant contaminants were found during excavation.

By May 1984 it was anticipated that reclamation vehicles carrying excavation materials would have to cross at least public highways. In a letter to the Department of Environment and Transport of 3 May 1984, CBC referred to the fact that these vehicles could be up to 80 tonnes laden.

On 29 May 1984, Mr Ibbotson was writing to CBC in relation to the Deene Quarry as follows:

“It should be noted that the quarry is being used as a tip for the deposition of the slurry and contaminated ground and a condition of the sale of the land from B.S.C. is that the quarry site is fully restored. As an additional precaution it would be sensible to include a clause in the heads of terms for the sale of the land stating that the quarry has to be fully restored.”

This demonstrates that CBC was aware that BSC was continuing to deposit slurry at Deene Quarry.

On 31 May 1984, Northamptonshire County Council extended BSC’s Waste Disposal Licences to 31 May 1985. CBC did not have any such licences at this stage. They were nonetheless allowing both BSC and their own contractors to deposit excavated material on the site.

By June 1984, CBC was interested in purchasing the Candy Filter, Toxic and Oil ponds and with that in mind it commissioned WS Atkins and Partners to carry out a preliminary investigation into those ponds and the Blast Furnace Slurry ponds which at that stage BSC was intending to retain. CBC was aware, and was made aware further, that the Toxic Ponds contained a variety of contaminants, and that they should be considered as "highly toxic".

There is in CBC’s documents a note of a visit probably by the Department of the Environment to the BSC site on 28 June 1984. I infer that CBC was aware of its contents at the time. The note records as follows:

“1.

Though not an active disposal facility, these works were worth visiting as an example of what can happen when industry disposes of waste within the factory cartilage. While the company [BSC] was licensed to dispose of waste it did so with minimal supervision.

2.

British Steel, with the exception of a pipe-making plant, have left this site. Negotiations are underway with Corby District Council, for the district to purchase the site with a view to developing its light industry. The district appeared to be aware that the site is contaminated, but feel they have the expertise to deal with it. They have not been in formal contact with the county, and the county have no locus here, as this is a derelict land problem. It is also worth noting that the BSC Foreman who [ran] the waste disposal is currently the chairman of Corby District Council.

3.

We visited three areas within the site: a drum disposal area, and asbestos disposal area and some tar lagoons.

DRUM DISPOSAL

4.

The area we visited consisted of a cutting full of water and drums. The drums appeared to be floating in the water, though equally it could be that the drums were in greater quantities and had been partly covered with water. No attempt had been made to crush the drums or otherwise deal with them.

5.

The drum area has also been used to take asbestos, and currently is used for general factory rubbish and some foundry sand. No attempt is made to cover, crush or generally deal with this waste.

ASBESTOS AREA

6.

A considerable area is designated as an asbestos tip. It has to be a large area as no one knows how much asbestos has been tipped or where. While no asbestos was visible, it does appear that up till recently asbestos was frequently found uncovered.

TAR LAGOONS

7.

A number of lagoons have been used to dispose of the line, benzole and cast lodges. These lagoons still remain, and will have to be drained and the contents probably removed from the site.”

In March and April 1984 Exploration Associates undertook for CBC a geotechnical investigation of the "Iron making” and “BOS” sites to enable the design of foundations for new structures and the road pavements to take place. Additionally some investigation of the level of chemical contamination and the nature and distribution or slag deposits was carried out.

In July 1984, Anglian Water, which was responsible for water provision in the Corby area set up a working party to consider the redevelopment of the BSC site. Its report was given to CBC. The summary stated:

“Very few records of the type, quantity and composition of waste products were kept prior to the 1972 Deposit of Poisonous Wastes Act.

The areas where these wastes were dumped were not properly recorded and controlled prior to 1972.

When steelmaking ceased in 1979 the prime concern of Anglian Water was the quality of the groundwater.

Analysis of soil samples in 1983 showed that area is to be developed at very high levels of contamination…

Areas of heavily contaminated land have had the topsoil removed and replaced with uncontaminated soil.

Soil surveys are now being complicated on all development site[s] to identify possible areas of contamination.

Sites of unknown contamination have been identified...”

By August 1984, negotiations between CBC and BSC were advanced relating to the proposed purchase of Deene Quarry and agreement had been reached in principle. Provisional agreement was reached whereby CBC would be granted tipping facilities for the disposal of materials arising from the reclamation works, in return for which CBC would amongst other things “ pump out and dispose of liquid waste materials from various lagoons and ponds prior to infilling with tipped material” (as recorded in Mr Ibbotson's letter to CBC of 8 August 1984). CBC was also to "reclaim areas of land at present used for the Toxic Ponds" and provide new tipping and lagoon facilities for BSC in the former contractor’s yard area to be purchased by CBC.

On 14 September 1984, CBC granted planning permission for the erection of a factory warehouse and offices at the former BOS site.

By September 1984, probably prior to its formal opening, Phoenix Parkway was being used by the public. For instance on 28 September 1984, Mr Downey's site patrol log records that public traffic was "quite heavy". A week or so later, barriers were erected to prevent the public having access

A number of the ponds had waste oil dumped in them. CBC from time to time arranged with various contractors to remove the waste oil, in effect floating on the surface. An example of this is highlighted in Mr Ibbotson's letter of 29 September 1984 to CBC which related to the removal of waste oil from the Candy Ponds by a contractor with whose technical director Mr Ibbotson “was not too impressed".

Mr Downey's log for 3 October 1984 records that BSC was tipping “Orange Gunge” at the Deene Quarry and scrap area; this was noted to be "effluent from the galvanising plant”.

There appears at least in 1984 to have been little or no control by CBC or BSC over access to the site. Reports were made of motor bike scramblers and men with shotguns being present, for instance. On 26 October 1984, Mr Downey reported that such fencing as their was on Phoenix Parkway was “holed [therefore] area not secure".

In November 1984, WS Atkins presented their chemical investigation report relating to Willowbrook Central and West areas, which was a 30 hectare site which covered part of the former Deene Coke Oven and By-Products Plant, the slurry deposit area and other areas to the east. The report split site into three areas: the slurry deposit area being contaminated down to some 3 m, the coking plant area extensively contaminated to 0.75m and other areas which in part were contaminated with slurries.

By November 1984, the Department of Environment had accepted in principle that CBC could purchase the Heavy Rolling Mills Area from BSC for £190,000.

Throughout 1984, BSC continued to deposit and discharge waste into the Toxic Ponds and elsewhere. This is illustrated by Mr Downey's log of 6 November 1984 in which he records that toxic waste was being discharged into Toxic Pond No 2 by BSC. On 7 November 1984 he records that BSC was “dumping galvanising waste (orange muck)” at the Deene Quarry and scrap area.

In November 1984, CBC invited and received tenders for the excavation at the BOS site of the old foundations. This involved the excavation of some 90,000 cu m of material, it's carting away and depositing at a tip on the Deene Quarry site. The work also included the backfilling and compaction of the site to an industrial after use.

By late 1984, Mr Downey was recording that a company called “Bennies” was grading slag at the Deene Quarry and scrap area. This company appears to have been permitted by BSC and CBC to grade slag and then remove it for use or sale.

On 4 December 1984 Northamptonshire County Council granted waste deposit licenses, C17 and C18, to BSC to permit the deposit of “controlled waste" on the north bank of North Brook, just to the north of the Willowbrook site.

By 6 December 1984, CBC had placed a contract with T W Ward for the excavation works at the BOS area, albeit that, as BSC commented in its letter on that date, the sale of the area by BSC to CBC had not been completed. Pending that, BSC was prepared to license CBC to deposit and tip excavated materials in the Deene Quarry area.

Representatives of the DoE visited the site from time to time. Such a visit took place on 28 February 1985. Mr Beckett of the DoE recorded the following in a memo which was probably copied to CBC:

“2.

Although some work is well underway, other areas still have to be cleared and handed over by [BSC] to [CBC] for reclamation. A brief inspection of some of these latter areas indicated that there will be considerable difficulties in reclaiming them. They included:

(i)

5 lagoons containing tarry sludges and oily or phenolic liquids from the coke oven plant. These were all of considerable extent and in my view represented a physical hazard in their present state.

(ii)

a large flooded quarry which is still in use by BSC for disposal of solid waste resulting from demolition and site clearance, but most notable for its remarkably close approximation to a waterborne equivalent of the "Valley of the Drums”.

3.

BSC have (generously?) offered to release these areas for reclamation at DoE expense in exchange for "new" land which they can use as a waste disposal facility for the smaller quantities of liquid and solid wastes arising from the rolling mill. I advised Corby DC and the DoE Regional Office to delay accepting these proposals until the feasibility of reclamation had been assessed.

4.

It seems to me that if these facilities are to continue in use, they should be operated in a way consistent with the practices that would be required for sites subject to COPA I. This cannot be the case at present, unless the waste disposal authority have granted unusually liberal conditions to BSC. It is more likely that they are quite unaware of or unable to deal with these lagoons and with the quarry. Their continuation outside the provisions of COPA I, together with the lack of any semblance of good practice, is bad enough: the possibility that the department's funds may have to be used to restore the damage being caused to the environment by bad practices of this kind is worse…”

This DoE visit was attended by Mr Downey who was particularly concerned by the Valley of the Drums area. He recorded in a memorandum of 6 March 1985 about the state of that area:

“Thousands of drums (45 gallons/200 litres) of floating in the Deene quarry pond exposed to the elements and therefore in a rotting condition, drifting east and west according to the wind. Dumping of assorted rubbish, stood and galvanising plant waste (BSC’s) takes place predominantly at the eastern end of the pond, and it is assumed that drums are periodically becoming trapped here causing stability problems…”

He was concerned about what the drums contained; he considered that some drums contained “the more exotic additive chemicals”. He recommended that the drums should be removed and disposed of properly with the pond of being neutralised to Anglian Water requirements.

A further visit to the site by Mr Beckett and others took place on 16 April 1985; Mr Downey accompanied them. The note of that visit records as follows:

“1…the site is still actively used by British Steel. Although most of the works are close there is still a tube rolling mill and the galvanising plant in operation and waste from both of these are still deposited on the site.

2.

British Steel and its predecessors have been using the site for over 50 years. The site was always an in-house facility and has been allowed to operate with minimal supervision from the WDA [“Waste Disposal Authority].

3.

British Steel (obviously a firm believer in the 3Ps ie Pontius Pilate Principle rather than the Polluter Pays Principle) have skilfully off loaded the site on to Corby District Council. Corbett were desperate for the land (the whole area including ex-works, landfill, lagoons etc.) In order to create industrial estates to boost employment, British Steel offered it, as it stood, for £10 an acre…

4.

Also as part of the deal Corby have to provide BS with an alternative site. This they are doing on part of the derelict site and this new disposal area should be ready soon. It is being newly licensed by the WDA.

RESTORATION

5.

The primary reason for the visit was to discuss ways and means by which the cleanup of the site could be effected prior to reclamation. Corby DC appeared very naive about means of doing so and about the likely costs involved. They have little knowledge of what has gone into the site or the present make up the site in the seven lagoons. British Steel did apparently carry out a sampling exercise on these but Corby do not have the results…

DRUM DISPOSAL

6.

The old flooded quarry (Deene Quarry) is in a similar state as when the site was last visited brackets although as the wind was in the opposite direction the drums were all at the other end of the lake brackets with one notable exception. Whilst travelling to this section of the site with Corby's Safety Officer Martin Beckett said he’d heard a rumour that a scrap merchant was fishing the drums out of the lake, crushing them and selling them for scrap. This was a vigorously denied by the safety officer as it would be a very dangerous and unsafe practice-nobody knows what the contents are. As we approached the western end of the "Valley of the Drums" lo and behold; two men fishing drums out, running over them with a bulldozer and throwing them into a skip!

7.

Clearly embarrassed the safety officer rushed into action, stopping the men, pointing out the hazards of what they were doing and informing them that as safety officer he was forbidding them to continue. He then asked on whose authority they were operating: back came the answer "Corby District Council"! Apparently Corby had employed a scrap merchant to clear the site of waste metal brackets (with which it abounds, from bits of wire to 7 tonne steel ingots); having seen the drums gaily floating on the lake and scrap man had enquired of someone in the district's technical department whether these should go to. He was then told to clear them!

8.

The Safety Officer engaged in extensive discussions with his colleagues over lunch and it was agreed that the removal of the drums should cease until a proper and safe method of extraction, emptying and disposal had been arranged.

LAGOONS

9.

There are two areas of lagoons on the site. One in the NW corner of the site contains five lagoons which have taken a range of liquid wastes from coke ovens, sulphate plant, benzole plant, waste liquor ponds etc for many years. These lagoons are still in use for wastes from the galvanising and tube rolling plants. Only one of the lagoons has a oil separator and most have an obvious layer of oil across the surface. The level of at least one had dropped from previous visits. The site licence calls for the periodic cleaning out of the lagoons and for the sludge to be deposited in the area of the site taking solid waste.

10.

There are two further lagoons (the "candy lagoons") further east on the site containing an oil/water emulsion floating on water. The surface material is very deep. British Steel have recently put strings across all lagoons fescue and with bits of coloured plastic to deter waterbirds from landing on them. This followed the untimely demise of several Canada geese in the candy lagoons.

SOLID WASTE AREA

11.

This area lies to the west of [Deene] Quarry and constitutes the infilling of the flooded area. The licence specifically requires that solid wastes be tipped into the flooded area to recover land. This means that an indeterminate number of drums have been covered and incorporated into the solid area. The dry area is still being used and we observed vehicles carrying sludge type wastes to this area brackets (or what was left in the vehicle after it had bounced over the appalling site roads).

The area also takes asbestos. This area is bounded by a public road and there was evidence of fly tipping at the boundary.

ASSESSMENT

13.

An appalling site which apparently has received little or no attention from the WDA. Hopefully the newly licensed area will be more stringently policed."

The remark about CBC being “naïve” about the ways and means of cleaning up the site was not only apt but prescient. The remark about CBC not knowing what had gone into the site was correct and must have been known to CBC who did not challenge these observations.

On 9 May 1985 BSC conveyed to CBC the 33 acres of land which contained the Toxic Ponds. On 24 May 1985 Northamptonshire County Council extended BSC's waste disposal licences, 002, 003 and 004, to 30 November 1985. On 6 June 1985, the Council gave notice to BSC that the drums should be removed from the Valley of the Drums. CBC was advised by WS Atkins and Partners on 19 June 1985 to seek to convince the Council to delay this operation until it was properly organised. As Mr Downey reported in his log of 16 July 1985, some drum removal had started by then.

Phoenix Parkway and Steel Road were open to the public officially in July 1985. It is likely that BSC and CBC used these roads on numerous occasions to transport contaminated material. Part of the reason at least for this is that CBC was contractually required to provide access to BSC across land which had been conveyed to them in Willowbrook but had failed to do so. Another reason probably was that BSC had let CBC use a road across part of land retained by BSC and CBC’s contractors had severely damaged it.

By a written contract under seal dated 17 July 1985 CBC employed Shanks and McEwan (England) Ltd to dismantle and demolish the Heavy Rolling Mill.

On 23 July 1985 BSC wrote to CBC about youths riding scrambling motorbikes on disused slag tips in the Weldon area bought by CBC in March 1983. BSC suggested that CBC provided proper fencing to prevent this.

In August 1985, WS Atkins submitted to CBC a site investigation and assessment report relating to the Deene Quarry reclamation and in particular the liquid environments and asbestos tipping areas.

By late August 1985, all or most of the drums which had been floating on the water in the Valley of the Drums had been removed. Drum contents were reported by Mr Downey on 22 August 1985 to have been “dropped in the pond” and “residues have been spilled in the adjoining area of Calcium Sulphate backfill”.

On 16 August 1985, CBC wrote to the local police saying that CBC had "an agreement with BSC” that they should use parts of the new industrial roads, Phoenix Parkway and Steel Road, to haul waste materials to their tip. Because the vehicles which BSC used were untaxed and the roads were private or at least not at that stage formally adopted, CBC wanted police confirmation that the drivers would not be prosecuted using such roads. It thus seems to have been the case that both roads had been completed by this stage and were being used by the public, albeit that the roads had not been formally adopted.

On 19 August 1985, Mr Downey submitted his "Safety Officers Report" in respect of the period April to July 1985. He reported that naphthalene, mainly, had been in countered in the construction of the BOS plant foul sewer; an empty pipe containing 1000 gallons of water creosote and Benzole was found, which was pumped out and “bowsered” off-site. He reported that the investigation by WS Atkins of the ponds at the north side of the site was "smelly, dirty and dangerous work"; he described it as an "awful task". Notwithstanding this he reported throughout much of August 1985 that liquid dumping was still in progress at the Toxic Ponds.

On 26 September 1985 Mr Downey reported that red oxide, flue dust, was being removed from the Deene Quarry and scrap area. This continued over the next few working days. In early October 2008, he reported that tankers were removing oil from toxic ponds and from the candy filter ponds.

On 17 October 1985 CBC granted a planning approval of reserved matters relating to the construction of what was to become the Asda superstore.

Only 15 November 1985 BSC wrote to CBC relating to CBC’s possible plan to commence filling the Valley of the Drums. BSC was concerned that tipping would cause water displacement into its workings. It appears that this plan was to be implemented, without the consent of and contrary to the advice of WS Atkins, by CBC on its own initiative. Mr Downey records in his log of 19 November 1985 that Wards were now tipping in that area.

The minutes of CBC’s policy and planning committee meeting of 19 November 1985 give some insight into what had happened and what was planned to happen over the preceding and following five and three year periods:

“… the major proportion of superstructure has been removed from the site, main roads, sewers and services have been or are being provided and the first developers are now on site… Currently the DoE have approved approximately £14 million of expenditure. The original purchase from BSC was 255 acres in 1981 and the council now owns approximately 700 acres including such areas as Deene Quarry, the Slag Banks and the Soot Hills.

The original programme was estimated at about five years and with the additional purchases of land the team is working on a more extended timescale and this has necessitated a review of staff level requirements…

The scheme has been tackled successfully to date using a mixture of consultants (for specialist work) and an Industrial Development Project Team comprising up to 12 staff on fixed term contracts (the staff originally seconded from the Commission for the New Towns having returned to CNT), all fees and staff costs being reimbursed by 100% grant from the Department of the Environment…

The principal consultant used has been R.C. Ibbotson Consultant Engineers and his work has involved in negotiations with the DoE as well as engineering design of reclamation and earthworks. W.S. Atkins have also been used for specialist advice in matters to do with contamination and specialist soil advice has been sought where necessary…

In the light of the above it is RECOMMENDED that the committee extended contracts of the industrial development team until December 1988 with a further review in June 1988 and engage R. C. Ibbotson Consultant Engineers, to deal with the initial reclamation on the following sites:-

1)

Land adjoining the Heavy End

2)

Land adjoining the former Northern Tip area

3)

Land adjoining the former BOS Plant

4)

Heavy Rolling Mills

and engage specialist consultants to advise where appropriate…”

It is a matter of some regret that very few minutes of such meetings or of the meetings of the Corby Joint Industrial Development Committee, which clearly did exist, have been put before the Court.

Mr Barry of WS Atkins’ letter to CBC on 22 November 1985 illustrates what had been and was to continue to be a continuing exercise which CBC was engaged on, namely the transport and transfer of substantial quantities of contaminated material for deposit in the Deene Quarry area and in particular in the North Eastern part of the site:

“During my visit to the steelworks redevelopment site on 20.11.85 I noted that considerable quantities of subsoil are currently being transported from the old "Heavy End” up to the dry tipping area east of the drum pond…”

Mr Barry was concerned to protect various items of monitoring equipment which were in that area. This particular operation of depositing "muck” from the “Heavy End” continued until December 1985 if not until later, as recorded by Mr Downey on 12 December 1985.

By November 1985, BSC had been allowing CBC and its contractors to use various haul roads over its land to transport material from the various demolition, excavation and reclamation activities which they were carrying out. BSC, for instance, wrote to CBC on 15 November 1985 complaining that a tarmac road had been seriously damaged by heavy haulage vehicles in this regard. Some accommodation was reached following a meeting between Mr Ibbotson and a BSC representative shortly thereafter and it appears that CBC was to provide a site access gate from Phoenix Parkway and to provide access roads to the Deene Quarry tips with CBC to re-grade them and provide additional slag on such roads wherever required.

On 9 December 1985, Northamptonshire County Council extended BSC’s waste disposal licences, 002, 003 and 004, to 28 February 1986. It was not until 1987 that CBC had any waste disposal licences on the site.

BSC also wanted to ensure that it had access to deposit waste materials of one sort or another either in the Toxic Ponds or in the dry tipping facility at Deene Quarry. Its letter of 16 January 1986 to CBC talked about access through a southern gate from Phoenix Parkway as well as access from a northern gate. This latter access was to become an access to Deene Quarry from about this time.

It was only on 7 February 1986 that CBC applied, for the first time, to Northamptonshire County Council for a waste disposal licence for Deene Quarry. It must have known that it did not have such a licence before and that it had been depositing material on its land without any such licence. The application identified that it would be "clean topsoil, subsoil clay or some other, clean hard-core, concrete, brickwork or stone” which would accepted at the site, although unparticularised “other” material was also referred to on the application. In its accompanying letter, CBC wrote as follows:

“Enclosed please find completed forms and plans in respect of the District Council's application for a Disposal Licence for the Deene Quarry which is presently being used for the deposition of excavation material from reclamation contracts at the former Steelworks site.

Since recently acquiring the site from the Corporation, the Council has commenced its programme for the restoration of the former quarry and the infilling of the various voids is the first stage of the reclamation proposals. Upon completion of the various tipping operations, the site will be covered by a capping material, topsoil, cultivated and seeded, together with the erection of protective fencing and the installation of site drainage…

The site licence is to cover the whole of the site because materials will be deposited in various locations, dependent upon the time of year and site conditions, however, the prime objective is to infill the "drum pond" as quickly as possible. The material used for infilling voids etc. is from the former steelworks complex and is mainly reinforced concrete foundations, brickwork, slag and general excavated materials which is uprising from the various reclamation schemes. The material will be transported to the tip in on-site dump trucks utilising existing internal haul roads. Material on the tip will be spread into position by a D8 or D6 dozer. The partial restoration of Deene Quarry is therefore a by-product of the reclamation works in the former steelworks site…”

This confirms that this is exactly what had been going on and was to continue to go on, namely that almost all excavated material from the various sites which CBC and its contractors were working on was simply taken on to Deene Quarry and deposited with a view to filling the area. Indeed it was such excavated material that was dumped into the Valley of the Drums pond in January and February 1986.

Perhaps unsurprisingly, the placing of material into the Valley of the Drums pond led to a substantial overflow of the water from the pond, so much so that BSC complained to CBC about this on 12 March 1986.

A letter dated 22 April 1986 from BSC to Bennies, which it had retained to recover special slag and furnace bricks from the Deene Quarry area, obliquely, confirms the licensing arrangements which BSC had secured from CBC:

“The land in question is now included in a contract of sale to Corby District Council and dated 20^th March 1985, with completion to take place by 31^st March 1989 or sooner if restoration work is completed. Under the terms of the contract there is a right in favour of BSC, its Agents or Licensees to enter the land until the 31^st December 1989 for the purpose of recovering, treating, screening and stockpiling the slag and furnace bricks lying to the south and east of the effluent ponds… the materials in question line within the final gullet of the former Deene Quarry…”

In July 1986, Norwest Holst produced a report on a ground investigation at Soothills and Sootbanks, initiated by CBC presumably as a result of its wish to develop that area. It was the case however that no work was done there for some ten years. It was Trial Pit No 5 of this investigation which revealed serious contamination in terms of heavy metals.

Mr Ibbotson reported to CBC on 12 July 1986 as follows:

“Following the request to approach the D.O.E. regarding the proposed reclamation scheme of the former Deene Coke Ovens Site to accommodate recent potential industrial development enquiries, I am pleased to inform you that the Department has approved the scheme in principle.

Basically the proposals involve the removal of the mounds of material, the excavation and removal of contaminated ground, the backfilling of the site with stone, and the dynamic compaction of the ground afterwards…”

On 11 September 1986, Mr Barry of W S Atkins reported to CBC that “extensive tarry wastes” had been found adjacent to three of the Toxic Ponds. The unexpected presence of tarry wastes proved to be not uncommon over the whole site. The quantity later found by W S Atkins was reported in May 1987 as 50,000 cubic metres of “buried coal tar waste”.

On 15 September 1986, CBC signed a contract with Shanks & McEwan Ltd for the reclamation of BSC’s tipping facilities. The Works were described as:

“the formation of new tipping facilities for the British Steel Corporation and includes the excavation of settling lagoons, screening mounds, general earthworks, site roads and the erection of protective security fencing.”

This identifies that CBC had agreed to assume responsibility to BSC to remediate much of the old BSC tipping facilities.

Mr Downey wrote a log on 20 October 1986 which he described as a “recent history” of the site. He mentions:

“Sinter Plant…Some work muckshifting…during Spring-area used by trials bikes and public still cross it…

Phoenix Parkway…suffering from construction traffic use…

Deene Quarry and Scrap Area…Bennie’s grading slag…public regularly traverse site…BSC’s new disposal site not secure children have been spotted…playing in new ponds…

Willowbrook Area…fencegates torn down on northern perimeter allowing access to BSC’s wet and dry tipping area…public shoot & scramble & walk dogs in area. Phytoxicity low.”

This demonstrates a lack of concern on the part of CBC as to the contaminated parts of the site.

One of WS Atkins’main functions was in connection with the possible effect of contaminants and the various operations on the water tables and aquifers, which might then feed into Anglian Water’s sphere of responsibility. Thus, WS Atkins monitored, investigated and reported on this to CBC. An example is contained in its 4 page letter dated 17 December 1986.

In late February 1987, Mr Downey reports in his log that “muckshifting” continued at the Sinter Plant and blasting of foundations was due to take place. A contractor is reported to be “muckshifting” east of Deene Quarry. Work is proceeding on “infrastructure work on the BOS plant area.

On 16 March 1987, CBC signed a contract with contractors to carry out the following works:

“a)

Transfer of contaminated water from Candy Filter Pond South to Candy Filter Pond North.

b)

Collection of floating oily waste material from Toxic Waste Pond No.-5 and transfer to Candy Filter Pond South.

c)

Transfer of contaminated water from Toxic Waste Pond Nos. 1, 2, 3, 4 and 5 into Toxic Waste Pond Nos. 6 and 7.”

On 30 March 1987, WS Atkins reported that an additional 15,000-20,000 cubic metres of excavated spoil had been deposited in the Drum pond clearly without WS Atkins’ knowledge or consent. Its letter of that day stated:

“As predicted, the recent backfilling activities have caused a considerable increase in water level in the drum pond (AOD now greater than 100.0m compared to 97.0m towards the end of 1985), and additionally, a new pond has formed to the west of the 'retaining' bund, due to the intimate hydraulic continuity through the soda slag which underlies the bund.

Concern was expressed both as to the effect on the ground water or on streams but also as to the general hazard. It was recommended that tipping should cease.

It was only on 9 April 1987 that CBC for the first time obtained a licence to deposit controlled waste at Deene Quarry. The Licence Conditions stated:

“WORKING PLAN

Material in Categories B and C included slag, boiler scale and iron oxides and domestic waste and asbestos. These materials thus could not legitimately be deposited in Deene Quarry.

Other material parts of the Licence were:

“The licence holder shall keep a record of the quantities of waste deposited at the site. The licence holder is required to submit to the Waste Disposal Authority a return showing the total quantity deposited each year. The return to be submitted within 14 days of the end of each calendar year.”

No such records were kept and certainly none have been retained for the period 1987 to 1995.

In May 1987, Exploration Associates (Warwick) Ltd reported to CBC on a geotechnical site investigation carried out at the site of the Electric Furnace Plant. By the time of the investigation, the superstructure has been demolished and the site comprised “a flat expanse with mounds of rubble, in situ concrete footings and floor slabs associated with the original furnace buildings”. 34 boreholes were done and a number of trial pits. These revealed a substantial quantity and depth of "made ground" as opposed to undisturbed natural material. There was ash, slag and various chemicals, including petrochemicals, within the made ground. This was not untypical of large parts of the site purchased by CBC. It is not surprising that this is the case given that iron and steel had been intensively produced at the site for 60 years or more. The primary purpose of this investigation, again not untypically, was to determine what type of foundations would be suitable for buildings, pavements and the like. The materials found were not tested for many of the types of material referred to in Mr Sharnock’s memorandum of 8 March 1982.

On the 13 May 1987, Mr Ibbotson reported to CBC that the Sinter Plant Area Phase 1 works were nearing completion, the Longhills work was proceeding satisfactorily and that the second phase demolition of the Heavy Rolling Mills was nearing completion. Works in the pipeline included the Electric Furnace Plant, Morgan Mill, Sinter Plant Area Phase 2 works and the Deene Coke Ovens area. In relation to Deene Quarry, he said:

“The reclamation of the Deene Quarry has generally been executed to date as a by-product of the reclamation of the main steelworks site. The exception being the provision of the new BSC tipping facilities, which is now complete.

The eastern section of the quarry has been tipped to final contours ready for sub-soiling and topsoiling. The "Valley of the Drums" pond partially filled together with other voids, with material from the Sinter Plant Scheme. Additional filling of the voids is still required and may be undertaken as part of the current financial year's works...”

CBC wrote to Mr Ibbotson on 29 May 1987 expressing concern that:

“…during the reclamation of the Electric Furnace Building area, and later of the Heavy Rolling Mills area, large quantities of mud and debris will be deposited on the steel road reclamation vehicle crossing.

During the Sinter Plant contract conditions of Phoenix Parkway in North were frequently extremely bad, and the risk of an accident is much higher on steel road because of the greater vehicle speeds.

You must therefore incorporate wheel washing facilities on both sides of steel road in your contract documentation; this is essential both for public safety and to avoid silting of the gullies and sewers. Please advise me of the type and position of the washing facilities you propose…”

This was recognition that a significant and noticeable amount of mud and debris had already been deposited on Phoenix Parkway by CBC’s contractors, that CBC knew about it and had done nothing about it at least until this stage and that no wheel washing facilities had been incorporated beforehand. As the history shows after this time, no effective wheel washing facilities were ever provided by CBC or its contractors.

In June 1987, WS Atkins produced a report containing proposals for the de-watering of the Candy Filter Pond North. This involved removing the water from that pond (approximately 5000 m³) and spraying it onto some 80,000 m² to the South East. This was necessary to make room for the removal of some 4700 m³ of sludge from Toxic Pond No 1 which was to go into the Candy Pond. This was part of an overall strategy proposed by these engineers to CBC and to address the Toxic and Candy Filter Ponds and the Valley of the Drums.

On 11 and 12 June 1987, it was noted in a council officer’s diary that there was "lots of mud on road” and "roads still very dirty".

On 4 August 1987, the Chairman of CBC circulated a letter from the Institute of Waste Management. In the files before the court attached to this was a note from Mr Downey of the "History of effluent disposal in former steelworks area south of Gretton Brook Road-Deene Gullet”:

“Deene Gullet was the closest mined and quarried area to the former BSC steelwork and as such was the most convenient "hole" which was used for waste materials; in addition the area has also been used to accommodate debris from the steelworks demolition. Solid and liquid waste has been extensively deposited in the area over a period of 30 years and is still being used for this purpose.

Solid waste deposited during steelworks operations includes soda slag and hard-core, electrostatically precipitated flu dusts, hot blast furnace residues, waste iron and skulls (high iron content slag plugs from steelmaking). Liquid wastes include contaminated water, waste oil and high oil bearing sludge and tars.

The site has 10 reception ponds for these wastes, that is effluent ponds numbered 1 to 7, an oil pond and two "Candy" Filter Ponds. In addition the unfilled portion of the Deene Gullet received highly contaminated water, washed through soda slag, galvanising plant sludge, and low-grade waste (metal, wood, rags etc). A quantity of 45 gallon drums, mostly empty, was also dropped in this area, which consequently gained the nickname "Valley of the Drums"; these have now been removed. Effluent treatment ponds seven has been in filled, the liquid fraction has been largely removed from effluent ponds 1-6 inclusive, and plans are in hand to deal with other existing liquid wastes…

Various areas on the site had been subject to fly tipping of such things as gas line condensates (Blue Billy), and indiscriminate dumping of one sort or another. The whole former steelworks site constitutes a hazard in that workers constructing roads and sewers may any time come across an unforeseen contaminant, of which there is no record. This was graphically demonstrated in October 1984 when 200 kg of fuming white phosphorus was exposed during the construction of a French drain at the junction of Steel Road and Curver Way…”

The first note (in the files before the Court) of a meeting of what CBC called its Land Reclamation and Coordination Group is dated 21 January 1988. This was attended by Messrs Webster, Hussey, Clarke and Ibbotson. The note is prefaced with this:

“KW (Mr Webster) commenced the meeting by expressing the need for formalisation of procedures and relationships. In the past the informal approach had allowed a more flexible and rapid response to frequently changing development pressures. However with a tighter financial climate and more specific and rigid new DoE rules for DLG, there must be accurate and justifiable programmes for expenditure. Given the amount of reclaimed but as of yet undeveloped land the DoE or their auditors may well require evidence that the programme is tailored to specific market demand of the sites.”

In February 1988, Mr Ibbotson presented a short report to CBC which addressed the proposed ground treatment works for the Deene Coke Ovens site to produce a site capable of future development. He recommended that "dynamic compaction" was the most cost-effective method of treatment.

The LRCG met initially every fortnight. Thus its second meeting was on 4 February 1988 and discussion ranged from the Deene Coke Ovens work to the Willowbrook West, Heavy Rolling Mills and Electric Furnace sites as well as the programme for 1987/8 and 1988/9.

BSC had been transferring its own wastes in part on Phoenix Parkway, partly because CBC had not provided an access to BSC's land to the east of Phoenix Parkway and north of Steel Road. A CBC draft report prepared in February 1988 addressing the "Transfer of BSC waste to tip in the Deene Area” states:

“At present, BSC vehicles transfer wastes of various kinds to their Tipping facility in the Deene area along a route which incorporates part of Phoenix Parkway; this route is shown on the attached drawing.

The Police have now ruled that Phoenix Parkway is a Road Traffic Act highway. This means that the BSC waste transfer vehicles, which are unlicensed and uninsured, can no longer legally use their current route; the Police are however tolerating the situation further short time until a suitable alternative can be found.

As a condition of one of the land purchases from BSC…this authority is committed to provide BSC with a private route to tip so that their unroadworthy vehicles can continue to function. The best route to this private road is shown on the drawing…”

On 20 February 1988, CBC signed a contract with Noone and McGowan Ltd for the removal of sludge from Toxic Ponds 3 and 4. This was to involve the pumping of the water from those ponds to ponds 2 and 5, the removal of sludge by dragline onto dump trucks and its carting to the on site tip. The bills of quantities identified some 2500 m³ of sludge.

Mr Barry of WS Atkins reported to CBC on 9 March 1988 that the backfilling of the Drums pond on had caused "the release of oils, probably from disturbed drums on the base of the ponds."

In August 1988, discussions continued between CBC and BSC about the construction of a road suitable for unlicensed vehicles from BSC to transfer waste material from their works to the tipping facility. A draft report to the DoE was prepared on 5 August 1988 which identified historically what the arrangements had been over the previous few years between CBC and BSC:

“1.1

Since 1982 Corby District Council has purchased various areas of land…these purchases severed the Tubeworks from the BSE effluent disposal ponds dry tipping areas in the Deene Quarry…

1.2

During 1984/5 negotiations were opened with BSC for the purchase of the Deene Quarry, principally because of its great value as a tipping void for the enormous amounts of material being excavated under the reclamation contracts. Tipping in this area has subsequently saved tipping charges and additional haulage costs on the 750,000 m³ of material placed there to date.

1.3

The Deene Quarry eventually purchased by CDC included the areas used by BSC for wet and dry tipping…a new facility had to be provided… BSC were also realising that their route to tip was becoming prejudiced by the construction of the new highways Phoenix Parkway and Steel Road, and therefore insisted on the construction of a new Private Road to ensure that their waste disposal operations would not be prejudiced any further.

1.4

The new tipping facility, together with the Private Road and other Covenants, were accepted by BSC in lieu of all the tipping charges which they would have obtained from CDC's disposal of material in the Deene Quarry. The purchase price of the area was therefore set at only £10 per acre…”

Later in the draft, it is stated:

“The volume of material tipped in the Deene Quarry has however already exceeded that planed for disposal under the "Buried Slurry Lagoons" contract, and currently totals in excess of 750,000 m³”

I can and do safely conclude that up to August 1988 alone CBC had procured the transport and deposition of over three quarters of a million cubic metres of material from sites which it had purchased and remediated. .

On 18 August 1988, Mr Downey reported to CBC as follows:

“Sludge extracted from the Heavy End Balancing Reservoir excavation has been giving rise to concern about its contamination. This has been complicated by the proximity of an old oil/tar interceptor which ran water to this area of the stream and was demolished some time ago. Initial sludge sampling indicated significant coal tar contamination in the sludge downstream of the interceptor on the sludge’s surface. However it was not regarded as a special waste.

Subsequent sampling up and down stream of the organic contamination site has shown the cold tars to be localised to the proximity of the interceptor, and that this is small (negligible) in comparison to the bulk of the sludge.

The sludge itself is not organic but appears to be mainly blast furnace dust high in insoluble zinc. In-house tests on distilled water leachate from the sludge indicate only low soluble contamination. Communications with G Cook, WS Atkins confirmed that this is a low risk waste, and the land filling the concrete and iron area to the east of the former Deene Gulley Drum pond is appropriate.”

On 23 August 1988, a CBC diary entry records that there was some mud on the roads from the “Drum ponds – Tip” area.

Mr Hussey's letter to Mr Ibbotson of 7 October 1988 is illuminating:

“As discussed when we met on 6 October, please arrange for 5000 m³ of the material from Bell's Yard to be deposited in the area of Davey Road…

I confirm that a contract is being that the removal of silt from toxic Ponds 3&4 which will be placed on the area of rubble east of the former "Drum Ponds"; the volume is approximately 2500 m³”

This is illuminating for two reasons, the first being that CBC was quite willing to permit the deposition of material from Bell's Yard which was part of an area of the site which was contaminated. Secondly, it seemed willing to permit the spreading and deposition of the sludges from the Toxic Ponds onto Deene Quarry in breach of its licence which did not permit the contaminated type of material represented by the sludges to be deposited there. Mr Webster did tell Northamptonshire County Council about this in a letter dated 7 October 1988, however.

At the LRCG meeting of 1 December 1988, it was reported that the material from Bell's Yard works had been stockpiled on Willowbrook; the quantity was 25,000 m³ including 5000 m³ for Davey Road. The Bells Yard contract bills of quantities showed some 50,000 cubic metres of material to be excavated and removed.

In 9 December 1988, it was recorded that Noone and McGowan, retained as contractors on the Willowbrook Sewers and Stormwater Balancing Lake contract had deposited "unacceptably large quantities of material" on to Steel and Birchington Roads.

Whilst Bennies were removing slag from Deene Quarry, they were permitted to use a site entrance from Gretton Brook Road; that entrance had gates which were within the control of CBC, albeit they were very rarely if ever closed.

On 26 January 1989, CBC complained to Noone and McGowan about what they had been doing in Deene Quarry:

“I refer to our meeting on 24 January when we inspected part of the Deene Quarry together. We agreed that the tipping which has taken place is very unsatisfactory in the way it has been left, and also that there has been some unauthorised tipping by your company.

I understand that you had intended in any event to tidy up some of the areas, however the tipped material is holding water and need[s] immediate action.

I therefore require you at your own expense to carry out the following works to remedy the situation…

(1)

Immediately cease tipping in the Deene Quarry…

(3)

Area C- slurry arising from Willowbrook Lakes scheme which is being tipped in unauthorised manner.

I will write to regain about the treatment needed in this area…

(4)

Remove heaps of lake slurry tipped short of their destination by drivers in a hurry to get home. This material should not in any event had been taken to the Deene Quarry…”

On the following day Mr Hussey apologised internally for the CBC’s “lack of proper control over the tipping operations carried out by Noone and McGowan in the Deene Quarry”. There can be little doubt that this apology was justified.

On 2 February 1989, CBC wrote to WS Atkins asking for an explanation why the quantities for sludges originally estimated by WS Atkins to be some 2500 m³ for Toxic Ponds 3 and 4 had increased in fact to some 14,700 m³.

On 13 February 1989 Mr Ibbotson wrote to Mr Webster at CBC as follows:

“Progressive restoration of the Deene Quarry has been achieved by the planned tipping over many years of excavated material from the main reclamation site into the various voids in the Quarry. Substantial areas of the site were ready for the final treatment and the spreading of top soil prior to cultivation and seeding. However, this may not now be undertaken until such time as the considerable deposits of slurry have been removed. It is estimated that some 60,000 to 70,000 m³ of material had been deposited on the site without prior consent, and the majority of the slurry being in the incorrect location. Substantial areas of the quarry are now sterilised through a long period until such time as the site conditions improve and permit the repositioning exercise”

This confirmed what had been going on over the previous few months, namely transport and deposition of substantial quantities of slurry in an uncontrolled and unapproved manner. Much of this work of slurry deposition seems to have been carried out by Noone and McGowan with nobody from CBC either noticing or preventing it.

The LRCG meeting of 9 March 1989 recorded that the Davey Road works were progressing well, the Bell's Yard works were substantially completed, and that the "filling of the Toxic Ponds [was] continuing sporadically".

In April 1989, Mr Hussey prepared a paper relating to the "Tipping of sludges and slurries in the Deene Quarry during October and November 1988”. Materially, he states as follows:

“1.1

As part of the ongoing restoration of the Deene Quarry area, in October 1988 a contract was led by competitive tender to Noone and McGowan… for the removal of sludges from Toxic Ponds 3 & 4; the tender sum was £20,509.04.

1.2

The sludges are classified as ‘difficult waste’, and the Waste Disposal Authority quoted between £7.50 and £15.00 per cu m tipping cool charges to take the material to a licensed tip, dependent upon the exact nature of the material.

1.3

After consulting the relevant bodies, however, a location was identified on the Deene Quarry where the sludges could safely be tipped and covered without danger of leachate entering the aquifer below and contaminating groundwater. The area was a large shallow void with reinforced concrete having been deposited in the bottom.

2.1

Sludge volumes

2.1.1

Following a survey by WS Atkins…a report was received suggesting sludge quantities of a little over 2000 m³ for Ponds 3 and 4 together.

2.1.2

In practice, the volume is excavated to reach a good firm surface were in excess of 14,000 m³ between the two ponds, a vast increase on Atkins estimated quantities. A letter was written to Atkins asking them to explain this gross error.

2.2

Nature of the sludges

2.2.2

Considerable difficulty was encountered when trying to place the sludges in the selected area of the Deene Quarry; because of their nature it proved almost impossible to grade them out effectively and to track across them.

2.2.3

To ease this situation, the Contractor was instructed to take dry slurry from the Willowbrook Lake and Sewers Contract to the Deene Quarry to mix with the difficult waste from the Toxic Ponds Sludge Removal contract. This improved the position substantially, however because of the weather and the difficulty in tracking across the wastes the tipping area was left in a very chaotic state…

2.3

Financial Implications

2.3.4

The Bill of Quantities for the Willowbrook Lake and Sewers contract instructed the Contractor to take the excavated dry slurry to his own tip. Thus by instructing him to take the slurry to the Deene Quarry to mix with other materials a saving was made at 60 p per cu metre tipping charges.

2.3.5

The contractor was however involved in the longer round trip to deposit this dry slurry, and this is offset against any gains in 2.3.4…

4.

Tipping-summary

4.1

Proper tipping control was not exercised by staff responsible for site supervision. This, combined with the difficulty in handling the materials and the poor weather conditions, resulted in the chosen area of the Deene Quarry being left in a chaotic state without proper compaction and grading.

4.2

The contractor tipped slurry materials from the Willowbrook Lake contract, without the authorisation or knowledge of site staff, on a different area of the Deene Quarry. This was not noticed quickly as site staff had no reason to visit the area in question frequently…

6.

Quantities tipped without authorisation

6.1

It is extremely difficult to make an exact assessment of the quantity tipped… without authorisation…

6.3

The quantity tipped without authorisation then is not greater than the difference between 75,000 and 64,000 m³, i.e. 11,000 m³…

8.

Summary

8.1

The contractor, Noone & McGowan, practised unauthorised tipping and also failed to carry out their authorised tipping in a controlled manner.

8.2

They have expressed apologies for both these occurrences, and have agreed to remedial action at their own expense and the payment of tipping charges to CDC.

8.3

Tipping control by CDC staff was bad, however valuable lessons have been learned; tipping control is now much better and the level of general vigilance in the Deene Quarry is higher…”

What Mr Hussey however did not report was that CBC decided of its own volition and without any advice from independent consultants to permit the deposit of the slurries as set out in Paragraph 1.3.

By mid-1989, a power station company, Hawker Siddeley Power Engineering Ltd, was interested in purchasing a site in the North West of CBC’s site to establish a gas-fired power station. This was to be located beside Toxic Ponds 1 and 2. To that end it retained Ove Arup and Partners initially to carry out a ground contamination assessment and later to carry out the detailed design. Its preliminary chemical site investigation report was dated May 1989.

On 25 May 1989, the LRCG meeting minutes record that the Davey Road contract was complete, the Willowbrook sewers project was progressing well and the Electric Furnace area Phase 2 works were due to start within a few days. The Longhills earthworks were substantially completed and the Sinter Plant earthworks were due to commence in July of that year.

Mr Barry of WS Atkins belatedly replied on 9 June 1989 to the earlier letter from CBC asking for an explanation for the increase in quantities of sludge volumes in Toxic Ponds 3 and 4:

“… No obvious reason for the large discrepancies is apparent but the following observations are relevant.

Firstly, our July 1986 report gave estimated volumes of 1450 cu m and 810 cu m for TWPs 3 and 4. Our subsequent work showed a revision in these estimates as 1700 cu m and 2400 cu m (Ref. May 1987 report…)…

I wonder if a possible explanation for the large discrepancies was the use of an old sludge type material lining the base of the ponds…

We acknowledge the embarrassment that the additional excavation volumes created but we believed that the data collected was suitable for the purposes intended. However, your findings may have more significant implications namely, the actual depths of wastes in the ponds and not yet excavated might be greater than the S. I. suggested. Therefore, perhaps it is an ‘ill wind’ and the need to reassess the more critical wastes in TWP5 has been established in advance of rehabilitation works…”

On 28 June 1989, Mr Hussey of CBC sent to WS Atkins soil analysis results for "five random surface samples" from the Deene tip. He wanted to see if there were any potential phytoxicity implications. He was concerned that some of the results were well above the ICRCL “trigger values”. Analysis was done on the cadmium, nickel, chromium and toluene extractable material, amongst others. Notwithstanding the deposit of hundreds of thousands of tonnes of material on the Deene tip by CBC or its contractors, this was the first time any such sampling had been done. Little if any was done in the future. WS Atkins replied on 7 July 1989 indicating that the arsenic and lead content was at a potentially toxic level but it would not pose a real toxic hazard given the proposed end use. It was recommended that at least a further 10 samples were taken of surface materials, so as to equate to a 50 m grid spacing.

On 4 August 1989, the Electric Furnace reclamation works were certified to be substantially complete.

On 16 August 1989, Mr Webster of CBC, following a meeting between Mr Buckland and Mr Palmer, wrote to Mr Ibbotson in the context of the Phase 2 Sinter Plant works recently started that "means of dealing with dust are now available and can be utilised as necessary". This did not, obviously or at all, deal with wheel washes. The demolition and excavation material from those works was to be taken to Deene Quarry across and partly on Phoenix Parkway.

In October 1989, CBC published its "Derelict Land Rolling Programme Review", which had been prepared by Mr Hussey in September. Material parts of that document are as follows:

On 16 October 1989, CBC signed a contract with Weldon Plant Ltd for the Sinter Plant Phase 2 Earthworks. The contract Bill of Quantities identified an estimated 154,000 m³ of material to be excavated, carted away and deposited in the Deene Quarry tip. This material is described as including "reinforced concrete, mass concrete, brickwork, grillage foundations, piles, slag and original ground depth varying between 0M and 5M”.

In November 1989, CBC had substantially dispensed with the services of WS Atkins. It retained Haiste and Partners, consulting engineers, to undertake a feasibility study for the creation of a central disposal facility in the Deene area to contain all solid wastes from the ponds in perpetuity. In practice, this was the genesis of what became known as the "tip containment facility". Haiste’s report, updated in December, confirmed that the sludges excavated from Ponds 3 and 4 were "still exposed on the surface" in the eastern part of the Deene Quarry. The report concluded that the tip containment facility was technically viable and the cost for it was reasonable. This approach was endorsed by Mr Ibbotson in an "Appraisal of Reclamation Proposals" sent to CBC in November 1989.

On 2 November 1989, Mr Downey reported in relation to the Deene area that scrap men were scouring the area. Extraordinarily, he noticed “a hunt with pack hounds-horses by the Candy Filter Ponds”.

On 13 November 1989, Mr Webster invited a number of consultants, including WS Atkins, to submit a bid for consulting services in relation to the Deene Quarry slurry disposal facility. WS Atkins’ response on 20 November 1989 was to express some misgivings. They wrote:

“As you appreciate, we have carried out an evaluation of a number of options for the removal of wastes from the various ponds and surrounding areas, but due to changing economic factors, these studies were not always taken to a full conclusion.

The most critical factor in our view concerns the disposal of the highly organic wastes from Toxic Waste Pond No 5; the landfilling of such wastes is generally not favoured by DOE, notwithstanding the fact that they are currently ‘landfilled’ on this site. Also their physical nature could present significant practical difficulties…”

WS Atkins did not succeed in securing the requisite appointment.

On 15 December 1989, Mr Downey wrote to Mr Palmer and Mr Webster. This is an important document as it throws considerable light on what was or was not being done by CBC:

“Following a site visit by Mr Webb of the Northamptonshire Waste Disposal Authority to the Deene Quarry Borrow Pit earlier this year a request was made for analysis results concerning 2400 m³ of tip waste found on the Willowbrook Roads Contract. This generated a letter from Mr M Ward suggesting we take greater care to deposit only INERT wastes in the Deene tip. The letter also contained a copy of our License C20 for tipping in the area.

This is the first time I've seen this document. Hitherto I understood that wastes generated on former steelworks area could be tipped in the Deene Tip so long as they were not "special wastes" which could only be tipped off site, under the Special Waste Regulations.

Where as I am sure no special wastes had been tipped into the Deene (we have not come across any), we have tipped waste outside the INERT category. Furthermore we are not operating the Deene tip to anything like the requirements of the License C20.

Clearly we could be in danger of having this licence revoked and this could endanger future development/reclamation strategies.

It must also be said that the WDA in the form of Mr Webb regularly visit the site, over the past five years, and no communication from them has come to the LRPT offices concerning the operation of the tip to my knowledge, so presumably they are not over concerned.

The following questions need to be addressed.

(i)

Waste we generate/find. Do we need to stockpile and analyse more than we currently do? Instead of simply moving poor site material straight to tip. This obviously has cost implications, not least of which would mean a designated tipping area for wastes between the INERT & SPECIAL WASTE categories.

(ii)

Deene site security and operations. We are inadequate in both these areas and possibly in record-keeping. Do we need to improve fencing, manning and compaction practices?

(iii)

Is this our problem at all, or is it being dealt with by the IBBOTSON/BUCKLAND axis?

(iv)

I look at wastes primarily from a safety point of view the contractors’ personnel. I am not a waste disposal officer-have I exceeded my brief?”

In the summer of 1989, CBC published a booklet "Corby Works - A Town in Action". It contains a useful if flowery insight as to CBC’s thought processes and approaches from 1979 onwards:

“If ever there was a ‘tide in the affairs of men’, then such a tide came to Corby in 1979…

Corby's reaction was one of both courage and realism. It was based on the conviction that unless the town set about helping itself, it was extremely unlikely that anyone else would. That meant an unconventional approach to local decision-making and need to cut through red tape, a willingness to push open doors in the corridors of power, to argue a case with those who control the purse strings, regardless of their political complexion and that it was a town with its back to the wall and the right to expect from its elected local representatives.

An early and, as it turned out, far-sighted decision by the District Council, acting jointly with the Development Corporation and Northamptonshire County Council, had been to commission a report… on the likely effects of steel closure…published in January, 1979. Whilst the Council rejected its less optimistic prognosis, it did accept two of its major recommendations: the establishment of a Joint Industrial Development Committee to coordinate future strategy and the creation of a single agency to spearhead Corby's industrial promotion….

Duncan Hall, Chief Executive of the District Council from 1979-1987, viewed the formation of the JIDC is one of the key decisions on putting the town on the road to success. He said:

‘The combination of the District Council, County Council and Commission New Towns provided the format to create an overall strategy for the economic regeneration of Corby. It also enabled the strategy to be maintained, sustained, and ultimately refined to meet the changing needs and circumstances of the town’.

An equally important move by Corby Council was to reorganise itself. There had been seven chief officers. They were replaced by three. And, in addition to the creation of the JIDC as a policy-making body, the Council effectively placed executive powers in the hands of their own leadership in order to secure or new industry. In other words, the local authority would be run and controlled as a business in which a strong element of ‘crisis management’ was called for….

Tom Simmons, who moved to Corby as Chief Executive in 1987, makes this comment on the earlier decisions to restructure the local authority and delegate powers: ‘local authorities generally are places with great intricacy of political machinery, a whole edifice that tends to stand in the way of actually achieving results.

‘Coming here has been a remarkable experience. The purpose of the Council is absolutely clear. They are not interested in structure, or organisation, or things like that. They are interested in results. You don't get intellectual debates concerning high principle. It is very much plain speaking; straightforward argument.

‘I think it was a very bold move by the Council to cut away the bureaucracy and cut away the structure of the party organisation.

‘Their principal purpose was to increase employment, and that was not subjugated to anything else. I couldn't imagine many other politicians doing that.’

And so responsibility for the drive towards industrial recovery was uniquely vested in the hands of what Deputy Leader, Councillor William Mawdsley, has described as ‘a complex mixture of democracy and autocracy’…

…Buying British Steel Corporation land, 270 hectares of it, and reclaiming it has cost £21 millions, but the cost to Corby has been nothing. 90% of the money came from a Derelict Land Grant and the rest from Europe…

… The granting of assisted area status opened the way for Corby to apply for European Community aid, and in eight years would receive some £130 million from the Community’s regional, social and energy funds-a record for any British town”

It was not mentioned that very large quantities of contaminated material had been moved from their existing locations to another part of the site. It reflects CBC’s concentrated determination on achieving its aims but less concentration on how to achieve its ends safely.

Mr Downey had arranged for a further 10 samples to be obtained from the Deene tip and they were sent to WS Atkins who commented on them in a letter to him of 8 January 1990. WS Atkins wrote:

“The combined data show that although some of the phytotoxic determinands are in excess of ICRCL TTVs, there is no evidence of any real risk to human health, if the area is to be developed for some form of public open space.

The main concern is the potential phytotoxic contamination mainly in the form of high zinc levels (both total and available). The further boron results are also very high for water-soluble values, and as discussed with you I'm doubtful of their validity. Other potentially phytotoxic parameters (copper, nickel and total cyanide) are within acceptable levels…”

In February 1990, Mr Ibbotson made arrangements on behalf of CBC with contractors to demolish the old BSC locomotive sheds. The LRCG meeting of 22 March 1990 recorded that this work was proceeding as were the Deene Quarry earthworks. The Electric Furnace Phase 2 works were progressing well. Works at Morgan Mill and Longhills were expected to commence shortly. The meeting minutes also makes mention of the property recession and its effect on land prices.

On 20 April 1990, in the files put before the Court, there is the first record of an inspection of the Deene Quarry carried out by NCC, as the Waste Disposal Authority. It records that unauthorised types of waste were at the site ("non inert waste, mainly in the Borrow Pits area, lots of rubber tyres, 45 gallon drums, wood and plastic”), but there was 24-hour access at the Gretton Brook Road and Toxic Ponds gates and that there were "heavy mud deposits on Gretton Brook Rd (by Weldon Plant tippers)”.

The Deene Quarry Earthworks Phase 2 works contract between CBC and C A Blackwell (Contracts) Ltd was signed on 3 May 1990. The scope of works involved "the scrub clearance, general earthworks, excavation and spreading of overburden, etc and site grading". So far as can be ascertained, this involved the spreading of the slurries and other contaminated and otherwise excavated materials which had been deposited towards the eastern end of the Deene Quarry site. At the LRCG meeting of 24 May 1990, it was recorded that the fencing to Deene Quarry was complete and that the site was "now secure". The Locomotive Shed demolition and Deene Quarry earthworks were said to be complete. The Morgan Mill works had started.

At the LRCG meeting of 5 July 1990, the name of Mr Cropley first appears. I infer that it was in the first half of 1990 that he was first employed by CBC. He was appointed as the Head of Engineering Services and directly responsible for the reclamation works. As appeared later, although he was a Chartered Engineer, he was not qualified or experienced in reclamation work or in dealing with contaminated materials. He had previously worked for a London Borough.

On 30 July 1990, there was a discussion between various council officers in the Chief Executive’s office about complaints from parties who had bought or were buying the land along Steel Road about contamination or poor ground conditions that restricted their ability to build and which increased their building costs. CBC had been disposing of land which had been reclaimed on a caveat emptor or "buyer beware" basis. It was resolved that absolute guarantees on sites could not be given. The policy of "buyer beware" continued.

Dr Smith was instructed by CBC and Mr Ibbotson to and did investigate details for the contaminated tip facility proposed, and in particular the lining. What was being considered in broad terms was the lining of a substantial hole in the ground to enable material to be placed in it in such a way that it could not or would not escape. Dr Smith wrote to Mr Ibbotson on 2 August 1990 about the proposed lining and what steps were necessary to be taken. Tenders were invited from seven contractors in August 1990 also. The tender invitation indicated that the contaminated tip facility was to have a volume of approximately 130,000 to 140,000m³. What was undoubtedly envisaged was that material from the remaining Toxic Ponds as well as material from other sites would be placed in the facility.

On 3 September 1990, Ove Arup on behalf of Corby Power prepared a "Statement of Intended Works to Undertake the Partial Reclamation" of Toxic Ponds 1 and 2; it was intended as a consultation report to inform the Waste Authority, National Rivers Authority and CBC. The proposed reclamation works were summarised as:

“1.

The removal of oils to a licensed incinerator.

2.

The disposal of polluted water to Anglian Water Ltd’s Corby Reclamation Works.

3.

The excavation of approximately 100,000 m³ of contaminated ground to a prepared storage facility.

4.

The backfilling and compaction of material in the void formed by removal of contaminants.

5.

The importation of about 90,000 m³ of fill materials to make up site ground levels."

It was indicated that the ground had been found to be contaminated by a number of substances with ammonia, cyanide, phenol, sulphate, sulphide, toluene extractable matter and zinc levels being particularly high.

CBC discussed these proposals with NCC (the WDA). It made clear that CBC would monitor the infilling operation. CBC would also be responsible for the design and construction of the tip containment facility. In September 1990, CBC applied to NCC to modify the C20 licence which it already had. This involved the addition (in plan) of a large triangular area for the new facility; this triangular area occupied in part an existing tipping area on which there was an existing void. The wastes to be permitted in this area were to be those from the Toxic Ponds and the Deene By-Products Plant.

On 24 September 1990, CBC signed another contract with Weldon Plant Ltd for further work on Deene Quarry, namely the "scrub clearance of the site, general earthworks to form void for future infilling and the importation and stockpiling of fill from adjoining site”; this was to relate to the triangular area for the tip containment facility.

On 29 September 1990, Mr Ibbotson wrote to Mr Webster about the contaminated tip facility:

“I enclose for your information a schedule of items which I would consider to be of use to protect the Council’s interest when drawing up the agreement with Corby Power. The suggested specification is for the backfilling of the void with the contaminated material from the Toxic Ponds, and it is my recommendation that the Contract Documents to be prepared by Ove Arup should include such works.

Because it is Ove Arup’s intention to use only the main Civil Engineering companies to tender for the works, the earthmoving aspect of the operation will more than likely be sub-let, and it is important that the quality of the earthmoving contractor be approved by the District Council.

The District Council is to supervise the works for the backfilling of the void and hence the decisions of the Resident Engineer must be final with regard to this operation."

The attached Specification indicated that Corby Power’s contract was also to maintain the haul road between the Toxic Ponds and the Tip Facility in a suitable condition and standard and upon completion of the operation to reinstate the same to the requirements of CBC.

In October 1990, CBC placed a contract for the supply and installation of the membrane lining for the contaminated tip facility. There were some delays in the commencement of this work which gave rise to some concerns in November 1990, being recorded in letters exchanged between the membrane contractor and CBC on 20 November 1990; these related to the nature of the fill material and the combination of bad weather making it impossible to prepare the site to a standard acceptable for the installation of the liner.

On 25 October 1990, NCC issued an amended Disposal Licence C20 as applied for by CBC. The types of waste which could be accepted at the site were defined as consisting of:

“…that described in the existing licence and contaminated material from the area of the Toxic Ponds and the Deene By-Products Plant as defined by previously submitted analysis. Should waste entering the site appear to fall outside these permitted wastes it should be isolated and the Waste Disposal Authority informed. No free oil or aqueous waste shall be deposited at the site.”

CBC obtained a list of approved potential subcontractors for the earthmoving and backfilling operation relating to the materials from Toxic Ponds 1 and 2.

It seems clear from letters which Mr Webster wrote to WS Atkins and Geotechnics on 4 December 1990 that CBC had mislaid many original documents and plans containing geological environmental data and reports relating to Deene Quarry. He asked them to provide further copies of various reports, exercises surveys and logs.

On 15 November 1990, CBC granted a licence to Midlands Markets Ltd to use a site on the western side of Bangrave Road as a Sunday market. The evidence suggests that there was at least one Sunday market in the years prior to this somewhere around the old BSC site.

CBC procured tenders for the backfilling operation for the contaminated tip facility and told Corby Power's holding company by letter dated 31 December 1990 that it was Weldon Plant Ltd whose tender was the lowest and was recommended for acceptance. By letter dated 16 January 1991, Corby Power accepted the recommendation and also CBC's proposal to construct a second access to the contaminated tip facility.

At the LRCG meeting of 24 January 1991, it was recorded that the Morgan Mill demolition works, first phase, were going well. The membrane at the bottom of the contaminated tip facility was expected to be finished within the next two days.

In February 1991, the Environmental Advisory Unit of Liverpool University submitted its draft report in relation to Toxic Pond 5 on its "contamination investigation". It described the surface of the pond as consisting of open water, oil mousse and solidified sludge; the sloping banks were covered with a layer of oil and tar rich sludge. Several unlabelled, empty drums were evident on the surface of the pond. Some of the samples had to be obtained from a boat using a sediment grab. Total plan area was found to be some 2707 m² and the water volume estimated at 2815 m³. The volume of sludge was calculated to be 5415 m³, albeit only on a best estimate basis. The waters were found to be highly contaminated by organic material as determined by the cyclohexane extract. Heavy metals concentrations did not indicate any significant contamination by those elements. PAHs were found as were other hydrocarbons. Amongst other things the hydrocarbons were considered to be of importance in terms of a potential hazard to health. At paragraph 6.10, it wrote:

“Coal tars include a wide range of compounds which characteristically include a number of benzene rings in their structure. Many of these compounds have known or inferred effects upon human health. Certain polynuclear aromatic hydrocarbons which form a substantial proportion of coal tar compounds are known carcinogens from either occupational exposure records or from experimental studies on laboratory animals. Other health effects have been recorded. Napthalene, which may be inhaled, ingested or absorbed can cause nausea, vomiting, and headaches or in cases of severe exposure, convulsions, coma and death. Phenanthrene is known to cause photo sensitising of the skin.”

CBC knew of the existence of PAHs in the sludges from a fairly early stage.

On 7 February 1991 Dr Smith sent to Weldon Plant's safety officer some "Safety Guidance" in relation to the Deene Quarry tip. It was primarily related to the protection of workers but certain hazards were identified including long-term health problems from skin contact and fumes.

On the following day, he also wrote to CBC with an update of what had been happening at the Deene tip. He confirmed that the new waste tip had been designed and lined to the complete satisfaction of the NRA and WDA. The volume of the facility was at least 120,000 m³ and plans had been approved extending it in the future. Five monitoring boreholes and piezometers had been installed together with a pre-existing hole. He referred to the hazards from the sludges including coal tars as arising from ingestion, vapour release and soil contamination around the haul road (amongst others). He assumed that any problems of odour or dust arising from the earthworks at Corby Power or from the haul road were the responsibility of Balfour Beattie, the contractors employed by Corby Power. He said that, if the haul road was pinpointed as a source of problems, the contractors should be stopped from using it until the problem was solved. He referred to the fact that Mr Buckland was CBC's resident engineer at the facility. He said there was no requirement on CBC to analyse the materials or to provide a detailed report on the materials tipped about it was obliged to ensure that each load was checked visually for its suitability. Should any waste fall outside the permitted descriptions it should be returned.

On 13 February 1991, WS Atkins replied to the letter of 4 December 1990 seeking further information and documents. A number of borehole records were enclosed.

A demarcation dispute appears to have arisen between CBC, Mr Ibbotson and Dr Smith on the one hand and Ove Arup and Corby Power on the other concerning the provision of soils information from the latter relating to the content of Toxic Ponds 1 and 2. On 18 February 1991, Ove Arup provided summaries of chemical testing undertaken in its various site investigations. Dr Smith estimated on 23rd February 1991 that some 63,500 m³ of chemically affected material would be removed from Toxic Ponds 1 and 2.

In March 1991, Deene Raceway (Corby) Ltd together with CBC applied for planning permission to develop the eastern end of the Deene Quarry as a motor vehicle testing circuit. This was in the area which was eventually to become the Rockingham Motor Speedway.

On 20 March 1991, Mr Ibbotson reported to Ove Arup that contaminated material and slurry were being deposited at various locations along the haul road from the dump trucks transporting the excavated material from Toxic Ponds 1 and 2 to the contaminated tip facility. He asked that action be taken promptly.

At the LRCG meeting of 20 March 1991, it was reported that the Morgan Mill works were progressing, albeit very slowly. On 25 March 1991, CBC signed a contract with PL Construction Ltd for the construction of the BSC haul road, comprising 620 m of 5.5 m wide road north and south of Steel Road.

Following complaints to and by police, it was clear that, up to and beyond April 1991 there was no effective fencing at Soothills. This was to continue with numerous examples of unauthorised access.

In April and May 1991, demolition works were being carried out at the old BSC workshops by CBC using contractors.

On 17 May 1991 Dr Smith wrote to Mr Ibbotson referring to the fact that there had been substantial spillage from the trucks used by Weldon Plant as subcontractors to Balfour Beatty on the Toxic Ponds 1 and 2 contract. Because from time to time the haul road had been bladed off, the material spilt and lying at the side of the road was contaminated. Dr Smith had had some samples carried out. He recommended that the material was bladed off should be disposed of in the containment facility. On the same day he also wrote to Mr Ibbotson about the material being deposited in the containment facility. Some PAHs and coal tar along with other contaminants were noticed. Mr Ibbotson replied on 20 May 1991 confirming that the bladed material on the haul road had been placed in the facility.

At the LRCG meeting of 6 June 1991, it was reported that the Morgan Mill and Workshops demolition works were completed, as well as the Railway Sidings work.

On 3 July 1991, Mr Webster reported to Northamptonshire County Council that the contaminated tip facility had now been substantially infilled. It had been decided, he said, to increase its capacity by extending the size to accommodate contaminated material from the remaining Toxic Ponds and the two Candy Ponds. On 20 September 1991, the reply came back that this proposal was acceptable subject to the production of an acceptable scheme before any further work was done.

On 31 July 1991, East Northamptonshire District Council gave outline planning permission for the motor vehicle testing circuit in the north-east corner of the site.

In September 1991, Dr Smith produced a Summary Report on Reclamation of Toxic Waste Ponds and the Construction of the Contaminated Tip Facility. He referred to the fact that the Candy Ponds had not yet been treated and went into the history to date of the Toxic Ponds, the Oil Ponds and the Valley of the Drums. He referred to the fact that sludges from Toxic Pond 3 and slurry from the Willowbrook balancing reservoir had been tipped into the Gretton Road gullet. He recorded that wastes from the Glebe Coke Works had been tipped over much of the site from the Candy Filter Ponds towards the North Brook.

On 4 September 1991 CBC wrote to NCC stating that the extension to the contaminated tip facility would have to accommodate some 60,000 m³ of material from the Toxic Ponds and 25,000 m³ from the Candy Filter Ponds. Some general details were provided of the proposed works.

In September 1991, CBC began again to consider what to do with the Willowbrook North site and in particular the buried slurry lagoons. Mr Palmer produced a report which was discussed shortly before 20 September 1991 which divided the sides into two halves, eastern and western. The provisional view formed was that the western half might be treated and reclaimed whilst the eastern half would remain untreated for the time being apart from some minor works.

It seems clear from various clerks of works report sheets in September and October 1991 that demolition work was still continuing at the BSC Workshops with two contractors involved. At the LRCG meeting of 10 October 1991, it was recorded that considerable amounts of material were being found underground in excess of that originally billed.

On 27 November 1991, CBC (Mr Webster) wrote to Northamptonshire County Council to address an objection from Mr Sweeney of the NRA about the proposed tip extension at Deene Quarry. Mr Webster accepted that the ideal solution would be to remove the material to an off site tip but that was too expensive. He urged Northamptonshire to accept that the encapsulation of the material in a sealed tip facility on the site was an appropriate course of action. He wrote:

“The Candy Lagoons and the Toxic Ponds contain liquids and slurries in addition to contaminated ground around and under the ponds. The liquids will be removed from the Ponds in the usual way, the slurries will be transported to the tip, placed in the cells and blended with other materials in order to make them more workable. The other deposits of contaminated ground will also be blended with the materials of high moisture content, to produce a tip which will be manageable and of sufficient bearing pressure to enable machines to traverse the site to place the final layer of capping material prior to the roof membrane.”

On 1 December 1991, CBC signed its contract with contractors for the demolition of the Morgan Mill.

On 28 November 1991, NCC in its WDA capacity wrote complaining that there was "unrestricted access of vehicles to Deene Quarry at the new Power Station end of the site.” It recorded that the original fencing and gates no longer afforded any control of tipping. It was concerned that:

“This situation may have contributed to the influx of waste consignments containing wood, plastics, bitumen, etc recently taken on to site and tipped nearby, whether this is tipping by unauthorised people or not, the consent for tipping inert waste only is being ignored and also the indiscriminate disposal of tangled reinforced concrete may give restoration difficulties.”

In December 1991, Dr Smith produced reports about the Soothhills and Willowbrook areas.

On 10 January 1992, NCC wrote to CBC as follows:

“With reference to the above site [Deene Quarry], it was brought to my attention, just prior to the Christmas break, that inert waste materials arising from the Kingswood area of Corby were being disposed of at this site. I have since been advised that this activity has ceased.

I am writing to remind you that the planning permission and site licence allow only the disposal at the sight of materials arising from within the former steel works area and from no other sources whatsoever. The recent importation of materials from elsewhere is unauthorised and should therefore not be recommenced”

Details were sought of what quantities and over what area this material was deposited.

Mr Webster responded to this letter on 23 January 1992, albeit that the letter was drafted by Mr Cropley:

“The unauthorised importation of material has been suspended until such time as the matter can be regularised.

I am sorry that permission for this work was not sought in advance, this was unfortunately due to a misunderstanding of the situation between officers of this Council…”

As confirmed at the LRCG meeting of 20 February 1992 no further security fencing had been provided to prevent unauthorised access in the northern part of the site although gates, mounds and ditches were acknowledged to be required to secure the site and prevent further fly tipping. The WDA Inspector however recorded on his inspection sheet for 24 April 1992 that fly tipping was still continuing and it follows that inadequate measures had been taken so far as fencing and the like were concerned. Similar inspection sheets of 8 May and 12 June 1992 record that unauthorised waste continued to be dumped at Deene Quarry.

On 19 May 1992, Dr Smith wrote to CBC about what had been going on at Willowbrook. Motorcycling and go-karting had been permitted and had:

“…disturbed the surface capping quite significantly in places, digging up mounds of slurry. When these dry they will generate a lot of dust. As far as we know the slurry comprises fine grained coke, iron ore and limestone-but also has high levels or some other metals, particularly lead and zinc. We've not averaged all the data, but guess around 0.2% lead and 0.3% zinc. There is also ca. 0.05% coal tars and a few ppm cyanide. It is not acutely toxic. Given the use of the track, though, conditions could get very dusty and drivers and spectators may get high exposures. We are not occupational hygienists and you would need someone experienced to calculate out the "risk"-which I expect is low and cumulative effect. It is, however, clearly not a good idea to allow them to plough up more slurry…”

One would have thought that it was obviously dangerous that scrambling and go-carting would or at least could cause the creation of harmful dusts; Willowbrook North was known to be a highly contaminated site.

By June 1992, tender documentation had been prepared in connection with the reclamation of Toxic Ponds 5 and 6 and the Candy Filter Ponds. The scope of the works was described as comprising the removal of water and sludges from the Ponds with the disposal of sludges at the tip containment facility at Deene Quarry. The proposed work also included the pumping out of water from the Ponds to sewers. Some 38,000 m³ of sludge was estimated as requiring excavation.

On 1 June 1992, CBC gave planning permission for a temporary change of use at land at Bangrave Road, Weldon. This was to be the site of one of the Sunday markets which many of the parents of the Claimants visited.

At the LRCG meeting of 24 June 1992, it was recorded that the Mills Road Earthworks Phase 2 works were proceeding although some concrete and galvanising sludge tipped by BSC had caused difficulties.

On 9 July 1992 the WDA Inspector noted that unauthorised material was still being brought onto Deene Quarry and that there was random tipping of soil consignments with no compaction and that concrete lumps from demolition sites were being brought in exchange for soil. It was noted that there were mud deposits on Gretton Brook Road.

Mr Palmer was reprimanded for attending a function with Noone & McGowan. Mr Webster wrote to him on 6 August 1992 as follows:

“I believe you realise that your attendance at the function on 29th was unfortunate as it left yourself open to accusations of an improper relationship with the contractor concerned. This is especially so in this case where the contractor, Noone & McGowan, is one where you have frequent contact at work and are in a position of influencing the award of contracts, the approval of works, or the payment of monies.

I trust you will endeavour in future to maintain a prudent 'distance’ between yourself and the contractor concerned. Should you require clarification of whether or not the receipt of hospitality by this or any other contractor is acceptable, you should, in future, always discuss the precise example with either the Head of Engineering Services or myself.”

In a letter dated 6 October 1992, Mr Ibbotson reported to CBC:

“As you are aware, work has resumed on the earthworks operation to the contaminated tip facility after terminating the contract last December due to adverse weather conditions making the site impossible to work.

However, in order to be able to progress the operation the tip void has been pumped out on three occasions, this being as a result of the recent prolonged periods of heavy rain. In order to maintain the site free of water to permit work to proceed a 24 hour pumping operation is in progress. When the void is sufficiently dewatered it may be possible to revert to one pump only from the present two pumps.

As you can imagine, the weather and site conditions at the moment are not conducive to the efficient completion of the earthworks contract and, in addition, the laying of the membrane. However, I am pleased to be able to report that during the last three days steady progress has been maintained and I will keep you informed of any further developments.

I refer to our recent discussions with your Engineer, Mr Cropley, regarding the probable overspend to this contract and, as promised, I detail below the various headings in which I consider the potential overspend to be :-…

3)

Repositioning sand to bank sides damaged by heavy rainfall.

4)

Drainage problems resulting from egress of water from Candy Ponds…

By November 1992 CBC had let to Weldon Plant the contract for the reclamation of Toxic Ponds No 5 and 6 and Candy Filter Ponds. Site meeting No 1 took place on 4 November 1992 attended by Mr Palmer, Mr Bosence and Mr Bird for CBC. Mr Bosence was to be the resident engineer for the project until he was removed in about March 1993 and re-assigned elsewhere. On the same day CBC signed a contract with Weldon Plant Ltd for the execution of general earthworks at the site of the tip containment facility. This was to enable the expansion of that facility to take place. Those earthworks must have involved the moving of contaminated materials. Some concern was raised at the second site meeting as to whether the contaminated tip facility would be ready to receive sludge from Toxic Ponds 5 and 6 in time.

Site meeting No 2 of this contract took place on 26 November 1992. Relevant parts of the minutes (set out in a legal officer’s report of 22 January 1997) are:

“2.23

LM suggested pumping out Candy Filter Ponds North and South which was included in the contract, haul the sludge from ponds 5 and 6 to the Candy Filter ponds, then double handle the sludge into the contaminated tip when it is completed. This would allow the regrade area to continue if the contaminated tip was not completed.

2.24

Following a consideration of the volumes this was considered feasible, MP to consider.

2.25

PG enquired as to the tipping method of the toxic sludge into the Candy Filter ponds.

2.26

MP stated that the sludge had a high moisture content and that it was possible that it could be tipped into the candy filter ponds from the dump trucks without additional handling.

2.27

...If the contaminated tip was not completed, investigate the possibility of excavating toxic ponds 5 and 6 and placing the sludge into the candy filter ponds which will be dewatered under the existing contract.

Finally double handle sludge from ponds 5 and 6 into the contaminated tip when completed. A rate of £0.86 for double handling of the sludge was further agreed…

3.01

LM confirmed receipt of NCC waste disposal notices relating to tipping restrictions and the letter of consent from AWA to discharge water from the toxic ponds into the existing FWS.

5.01

LM confirmed all slag areas had now been located on site and were being dealt with as contaminated materials and then taken to the contaminated tip as mixing materials with the toxic sludge.

12.10

MP requested details of the modified dump trucks carrying toxic sludge.

12.11

LM stated that previous modifications were unsuccessful and it was WP's intention to part fill the dump trucks with toxic sludge and bund off the sludge within the dump truck with cohesive material.

12.12

MP confirmed that this proposal was acceptable.”

The WDA inspection sheet for 27 November 1992 refers to the Deene Quarry site being very busy with some mud fouling Gretton Brook Road.

On 1 December 1992, Mr Webster wrote a memorandum referring to various stockpiles of material around the Deene Quarry site. One was “mainly concrete” from the Heavy Rolling Mills, another stockpile “of muck” from Longhills and the third from Universal Salvage.

On 4 December 1992 Mr Bird or Mr Palmer instructed Weldon Plant to dewater the Candy Filter Ponds and fill them with the sludge from Toxic Ponds 5 and 6 until the contaminated tip facility was ready. The formal contract (Contract 70) between CBC and Weldon Plant was signed on 4 December 1992. The water from the Toxic Ponds and the Candy Filter ponds was discharged by agreement into the Anglian Water sewers.

On 7 December 1992 Mr Bird’s site log recorded as follows for the Contract 70 work that he was:

“…not happy with filling of site, basically filling inside as if it was a landfill site not compacting incorrectly…Ray and I visited p.m. and both agreed it was not been compacted adequately…”

There had been for some time complaints about mud on the roads; some of these are referred to above. Another example is that of 9 December 1992 when Noone & McGowan employed by CBC involved in works at Longhills were criticised for not keeping the roads approaching Longhills and Deene Quarry cleaner. That was reflected in a WDA inspection sheet of 11 December 1992 referring to mud fouling Gretton Brook Road.

In a letter dated 11 December 1992 and set out in a legal officer’s report of 22 January 1997, Mr Ibbotson reported further problems at Deene Quarry to CBC:

“I refer to recent discussions and site meetings with your Assistants, Messrs Cropley and Palmer, when it was pointed out the problems which exist and have to be overcome to enable the completion of the membrane contract.

With the recent prolonged adverse weather conditions a considerable quantity of water is being pumped from the tip void over the site to a former borrow pit site to the south. With the water emanating from the tip void, it may be slightly contaminated, however, I can see no alternative to the continuation of this operation until the works are complete, irrespective of its quality.

It is my opinion that the pumping operation will have to continue whilst the void is being filled by Weldon Plant's activities and I should be grateful if you would advise if you wish me to action this matter in due course.

The materials being stockpiled along the northern boundary of the tip facility by Weldon Plant is surcharging the bank and may be causing the issue of water along this bank under the membrane. It should be noted that this area was a former tip void and subsequently filled in by Noone, and hence the stability of the embankment may be at risk if this operation continues…”

It was an optimistic view that the water from the contaminated tip was only slightly contaminated as the material already tipped was highly contaminated.

On 17 December 1992, Mr Bird recorded as follows:

“Hose line has been washed out in wheel wash, Mick [Palmer] has confirmed that this water is now contaminated.”

This ties in with evidence given by Mr Bosence, which I accept, that some sort of wheel wash facility was provided near the entrance to Gretton Brook Road but it was nothing more than a hole in the ground into which lorries could drive; it was frequently contaminated and lorries could and did just drive around it. Certainly, the lorries were never washed before they went on to the public roads from the Deene Quarry site.

On 22 December 1992, Anglian Water wrote to CBC, Mr Webster, reporting that oil had been discharged with the toxic pond effluent on two successive days. Mr Palmer blamed this on Weldon Plant leaving pumps on unattended contrary to instructions. Mr Webster formally replied on 11 January 1993, regretting the illegal discharge of the oil, in effect blaming the contractor.

On 4 January 1993, NCC wrote to CBC about the impact of the Environmental Protection Act 1990 parts of which were to come into effect:

“ENVIRONMENTAL PROTECTION ACT 1990, PART II WASTE MANAGEMENT LICENSING

At present you are the holder of a disposal licence issued under the Control of Pollution Act 1974 which authorises you to deposit, store or process waste, depending on the nature of your business. The above legislation proposed a stricter waste management licensing system and the Department of the Environment is carrying out consultations on draft regulations to enact this legislation. The proposed date for these regulations to come into force is 1st April 1993. In view of the tight timescale I am writing to inform you, if you are not already aware, of the implications of the legislation.

Your disposal licence will automatically become a waste management licence on 1st April 1993. The consequences of this are:-

Following further complaints about mud on Gretton Brook Road in particular from a CBC councillor, Mr Bianchi, Mr Webster wrote to him on 15 January 1993:

“Thank you for your letter dated 22 December 1992. The mud on the road at the site is a problem that has been exacerbated by the recent adverse weather conditions.

The site at Deene Quarry is being restored and fill material is required to complete the works. The majority of spoil importation is now complete, and the works are due to be complete in April 1993. Other material importation will be required from time to time.

The contractor is brushing the road throughout the day and using labour to remove any large lumps and unblock gullies, these operations will continue whenever necessary.

The approaches to the affected area are fully signed; driver awareness is a significant factor in reducing accidents and it is clear that drivers are not paying sufficient attention to the signs. I will investigate the signing to see if further warnings can be given.

The problem of mud on the road at construction sites during the winter months is an old chestnut and it is extremely difficult to balance the need for keeping the roads clean with maintaining the construction programme.

My officers will be monitoring the road conditions daily and taking any action necessary.

Once the scheme is complete and the access removed the problem in this area will be eliminated.”

The letter to which this is replying is not in the files before the Court. This is a fairly “political” response. There is no mention of there being no or no effective wheel washing facility. There is no indication given that mud on roads will not continue to be a problem. There is and was no reliable evidence that any or any effective brushing of the roads ever took place.

By deed dated 18 January 1993, CBC granted BSC a right of way north and south of Steel Road in effect for access from the Tubeworks through the old BOS site over Steel Road and across Willowbrook to the land retained by BSC.

A row broke out in January 1993 between Weldon Plant and CBC about work activities at the tip containment facility. Weldon Plant wrote on 22 January 1993 to CBC:

“TOXIC PONDS RECLAMATION CONTRACT NO. 70 / DEENE QUARRY PHASE II

Further to your letter of the 21st January 1993 In respect of the above Contract.

We were both somewhat surprised and disappointed to receive correspondence as at our on site meeting of the 20th January 1993, the order of procedure and method sequence for constructing the cell bund wall placing the sand, tyres and inert fills were extensively discussed.

The history of events that surrounds these Contracts can only be described as a catalogue of disasters. Time for construction defined within the Deene Quarry Contract should have meant that the work, at present being carried out by ourselves, should have been completed in Spring 1992 not January 1993.

The Inert materials stored by ourselves at the toe of the batter for placing has been destroyed by the actions of other Contractors in your direct employ.

We cannot accept any responsibility for damage to the membrane as we were not given the opportunity to price for what is a risk item arising from the design of the works at a time not foreseen.

We consider that we have acted wholly in the best interests of both Contracts with due consideration for minimising expenditure to yourselves…”

This paints a picture that the operations at Deene Quarry and at the containment tip facility were being carried out in a chaotic manner, which was similar to the view which Mr Bosence had at the time also.

Site Meeting No 4 relating to Contract 70 took place on 27 January 1993. The works were some 6 weeks behind programme. The progress was summarised in the minutes:

“Pumping of Candy Filter Ponds was complete

Excavation of sludge was 7 weeks behind programme

The haul road between the Toxic Ponds and the contaminated tip facility became as before extremely contaminated. This was because the sludge was wet and when placed in the back of the dump trucks being it washed over the tail and side boards on to the road. This was referred to by Mr Bosence and this is corroborated by his site records such as that of 2 February 1993. He again reported mud on the external roads.

In February 1993, Contest Melbourne Weeks Ltd, consulting engineers, reported to CBC on its site investigation of the Willowbrook North site in particular the slurry ponds areas. The history of that part of the site is summarised, broadly accurately, in Paragraph 2:

“The site was originally an opencast ironstone mine that was operated until 1948. The traditional method of extraction of the ironstone was to excavate the overburden using a walking dragline, the limestone first requiring blasting. The underlying ironstone was then dug out with a face shovel and the extracted overburden dumped directly into that part of the mine from which the ironstone has already been removed. The resulting ground surface is left as a hill and dale formation.

Latterly part of the site was used as lagoons for settling waste slurries from the blast furnaces associated with the nearby steelworks. A chemical analysis of the slurries carried out by the British Steel Corporation described it as a "non-toxic inert fine dust made up of ore/sinter, coke, lime/limestone particles and blast furnace volatilisation product such as zinc and lead". These slurries were contained along the eastern part of the site by a bund and allowed to find their own level over the backfilled opencast waste.

In the late 1950's, the whole site was levelled off to 106.70m A.O.D. and the slurry buried beneath backfill. Part of the site was later used for the Deene coke ovens and a slurry pond was constructed to hold waste from the blast furnaces. Slurry was discharged into the site until 1979. Following closure of the steelworks in 1980, the Deene coke ovens were demolished and some of the more contaminated surface clay fill has since been removed and replaced with clean fill.

At the time of the investigation the eastern half of the site was in use as an off road vehicle track and large areas of the site were under shallow water. The central area is relatively flat at an approximate elevation of 106.50m A.O.D. The ground has been raised to approximately 110.00m A.O.D. on the east and north east sides of the site with the entire north boundary forming the lop of an embankment at the base of which lies Willow Brook at a level of approximately 100.00m A.O.D. The east and south sides of the site are bounded by roads whilst the west of the site is bounded by as yet undeveloped land.”

Mr Webster wrote to Mr Lack of NCC on 11 February 1993 about the waste licence:

“WASTE MANAGEMENT LICENCE - DEENE QUARRY

Thank you for attending a meeting at my office to discuss the implications of the Environmental Protection Act 1990 Pt II with my Head of Engineering Services, Richard Cropley.

On 22 February 1993, NCC wrote asking for a return from CBC showing the total quantity of waste deposited in 1992.

The minutes of Site Meeting No 5 for Contract 70, held on 24 February 1993, referred to what had been going on at the contaminated tip facility which was that, because the sludges being delivered from the Toxic Ponds were wet, they had to be mixed with other material so that they could be rolled and compacted within the facility. Mr Bosence is recorded as confirming that all spillages on the haul road had been cleaned up but that the road should be monitored for spillages.

The picture painted by Mr Bosence as to the way in which the Toxic Ponds 5 and 6 works proceeded was convincing and borne out by contemporaneous documents. His observations were that the sludge material went into the lorries “50% water/50% sludge”, the sludge was excavated without proper prior full dewatering of the ponds, wet sludges were being spilt all over the haul road, wet sludges were being placed in the contaminated tip, there was no effective wheelwash and what there was was simply full of contaminated material and lorries were leaving the site and going on to the public roads contaminated with mud He was aware that Mr Palmer was permitting clinical waste from a site in Northampton to be deposited at the Deene Quarry at the time. The wheel wash arrangement, such as it was, was a ditch dug in the ground with some sort of grillage on it which had water in it. As Mr Bosence said in evidence which I accept, it was not used in fact as the contractor thought that the water would damage the disc brakes of its lorries; it was by-passed. Mr Bosence raised this with Mr Palmer who simply ignored his concerns.

On 2 March 1993, BSC wrote to Weldon Plant about the wheel wash:

“Results of analysis of the sample of water collected on 5th February 1993 from your vehicle wheel wash facility at the former iron and steel works waste disposal site near Gretton Brook Road, Corby are attached. With the exception of a small amount of cyanide the water is relatively unpolluted. The levels of phenols, ammonia, oil and toxic metals are all very low and pose no significant pollution risk. The Biochemical Oxygen Demand (BOD) level at 8.3mg/l is below the limit normally set for industrial discharges to river (20mg/l approx) and is similar to that found in many "general amenity" surface water streams and water courses. The slightly high pH is probably the result of contamination of the wheel wash water by lime or slag materials while the high conductivity and chloride contents are almost certainly due to contamination by road salt used for de-icing the public roads. Semi-quantitative analysis of the solids recovered from the sample shows these to consist of a mixture of clay, sand and iron oxides with no significant levels of toxic metals present.”

On 3 March 1993, Mr Bosence wrote a note which recorded as follows:

“1.

Started excavating pond 6 without dewatering on approval of Mick [Palmer]/Pete Webb…

4….haul road is completely awash with sludge spillages. Mick is aware of this although this procedure is illegal as the contaminated tip is for dry use only.

5.

Mick informed me that contaminated muck is coming in from Northampton-illegal.”

Mr Bosence also gave evidence which I accept that throughout the Toxic Ponds 5 and 6 reclamation, the Gretton Brook Road was filthy. He recalled driving along that road in his Landrover following other cars and “your screen was completely sprayed from the spray that was coming off the roads”. This is entirely consistent with the evidence given by a number of the parents of various Claimants. He added that the contractor’s road sweeper was inadequate and kept breaking down.

A CBC site report from Mr Bosence for 9 March 1993 sets out misgivings about contamination:

“1)

Visited site and noted that Gordon Lacey had started to set out hoses near wheel wash. Mick [Mr Palmer] confirmed this was OK. I instructed Roy Larter to visit site due to extensive contamination. Roy stated that if site had been inspected by Health & Safety it would be closed down and Mick was totally responsible for site conditions and not me & Ray [Bird]…

2)

Pond 6 has increased dramatically due to ingress of water, Mick aware of this but seemed unconcerned…”

Mr Bosence was in effect taken off the Toxic Ponds work after writing this report and expressing these views; this was probably in late March 1993, although he attended several meetings thereafter. This must have been because Mr Palmer and possibly others thought that he was being too critical of his superiors.

Mr Ibbotson wrote to CBC, Mr Webster, on 9 March 1993 expressing various concerns:

“Deene Quarry - Contaminated Tip Facility

I refer to my previous discussions with your Chief Engineer, Mr R. Cropley, regarding the infilling of the contaminated tip facility in Deene Quarry and as promised I note below the various aspects of the scheme which give rise for concern:-

On 11 March 1993 NCC sent to CBC a modified licence:

“CONTROL OF POLLUTION ACT 1974. SECTION 7 NOTICE OF MODIFICATION OF DISPOSAL LICENCE

Notice is hereby given under the Control of Pollution Act 1974 Section 7(1), that Disposal Licence C/20 held by yourselves for the operation of the site at Deene Quarry shall be modified with effect from 1st April 1993, with the following condition:-

1.02.

Types of Waste

The quantity of waste accepted at the site shall not exceed 75,000 tonnes per annum.

Please note that this modification applies to the whole Licensed area of Deene Quarry and is in addition to the modification to this condition dated 30th October 1992.

All other conditions shall continue to apply to the site.”

On 17 March 1993, CBC replied to Northamptonshire County Council’s letter of 22 February 1993:

“…I detail below the volume of material imported onto the Deene Quarry Site, and this quantity excludes top soil brought onto the site for restoration purposes.

a)

The volume of material imported onto the site in1992 is 113,212 cubic metres.

b)

The volume of material moved internally in Deene Quarry from the Toxic Ponds to the Contaminated Tip Facility in 1992 is 19,500 cubic metres.”

By Site Meeting No 6 on Contract 70 on 24 March 1993, it was reported that the excavation and backfilling of Toxic Ponds 5 and 6 were complete. Mr Palmer is minuted as follows:

“4.01

MP requested analysis of soil on the line of the haul route to the contaminated tip to ensure spillages of toxic sludges which occurred had not caused contamination of the surrounding ground.

4.02

MP requested an analysis of the pond water adjacent to the stockpile of mixing material as this could have been contaminated by spillages of toxic sludges.”

At the LRCG meeting of 1 April 1993, the following was noted:

“Toxic Ponds Reclamation - progressing extremely well at present. Now digging out Candy Filter Pond North - this material is much more stable.4 - 6 weeks to complete. Spot of contamination found under road and being dug out and a small tip found east of Toxic Pond 6. MP proposing to take down 1m to see what's there and then fill. RI thought this may be an old toxic pond previously infilled by BSC.”

Mr Bosence recalled that a sludge or tar lagoon close by Toxic Ponds 5 and 6 was excavated and the contaminated material wrongly used at least in part to backfill one of these ponds.

On 1 July 1993, at the LRCG meeting it was stated that Contract 70 was completed and that the Morgan Mills work was progressing.

In July 1993, consideration was being given to moving the Sunday Market from Longhills. It is a measure of how popular that market had been that the Chief Executive was looking for another site which could accommodate 300 stalls and 1000 parking places.

At the LRCG meeting of 9 September 1993, the following was stated about the status of Deene Quarry:

“Discussions took place with regard to the suspect ammonia discharge. The meeting was reminded that Deene Quarry has not been restored, it is a tip with on-going liability not just for the contaminated tip but for the whole site.”

After the completion of the tip reclamation works, the groundwater was and indeed continues to be monitored to see what if any impact there has been on the groundwater and in particular to see if the membrane was and is working to contain the contaminants. Dr Smith produced a report on this in December 1993.

Contest Melbourne Weeks produced a ground investigation report for CBC in January 1994 relating to the Exchange Sidings, which were to the east of the BOS plant, and comprised some 14 acres. The primary purposes appear to have been to assist in determining foundation design and in assessing the fill for the presence of slag. It is of some interest that a relatively extensive series of chemical tests were carried out but neither chromium, PAHs nor dioxins were tested for. Cadmium results ranged from very small to 18.6 mg/kg. The engineering report was produced in February 1994 and indicated at paragraph 4.1.1:

“Sampling from previous work at adjacent sites indicated elevated levels of certain pollutants and analysis of these and other selected parameters was specified within the remit of the investigation. Analytical testing of the oversite fill materials and groundwater was scheduled in order to give a broad real assessment of the specified determinants. However, a decision to remove all the oversite fill, made at an early stage of the investigation by the Council’s Consultants, obviated the need for extensive consideration of the possible constraints any contamination may place on future development. However, the purposes of waste disposal, the results are discussed below.”

This illustrates CBC’s approach which was focused on making as much land available for development as possible. It is surprising, to say the least, that CBC permitted the removal of contaminated material before receipt of the very ground investigation which it had initiated to determine amongst other things the level of chemical contamination. Contest Melbourne Weeks then went on to review the levels of contamination found in their samples.

Contract No 90 was let by CBC to Weldon Plant Ltd on 28 January 1994, relating to works described as Deene Quarry Restoration Earthworks Phase 1, which comprised the excavation and removal of contaminated material, concrete, steel and existing non-contaminated material, placing in the contaminated tip facility and the importation and spreading of clay material. A warning was given to the tenderers (Clause 122 of the Specification):

“Owing to the previous use of the site, any of the solids, liquids or gases listed below could be encountered which may be hazardous to site workers…[coal tars, heavy metals, toluene amongst others]”

On 16 February 1994, a CBC law officer, Mr Watson, wrote a memorandum to the Chief Executive relating to licensing and legal matters raised by contamination of Deene Quarry, the relevant parts of which are as follows:

“1.

The Council is the holder of a disposal licence issued under the Control of Pollution Act 1974 which authorises it to deposit waste, under certain conditions, in Deene Quarry. It also allows toxic materials to be deposited in the contaminated tip.

2.

Deene Quarry has not been decontaminated, save in the worst areas, e.g., toxic ponds and candy filter ponds, and contains numerous deposits of buried contamination remains a potential liability…”

This indicates a general knowledge with in CBC about the extensive contamination which continued to be present on Deene Quarry. Mr Watson in a memorandum went on to explain the statutory requirements under the 1974 Act and the possibility of criminal proceedings. He explained that there was a potential liability under the law of nuisance, and negligence and under the rule in Rylands v Fletcher.

On 16 February 1994, Mr Phillips of CBC asked the legal officer to prepare a new licence for two licensees in relation to the removal of furnace soot from the Soot Hills and Soot Banks site. Furnace soot had been used historically for colouring certain building materials and had been removed from time to time from various of the BSC sites. CBC continued this, doubtless to secure some income. Other evidence reveals that a substantial quantity of materials was removed by licensees of CBC from the Soot Hills site in 1994 and 1995. There is no suggestion that this was in any way done under the supervision of CBC or subject to any safety restrictions imposed by CBC.

The LRCG meeting minutes for 17 February 1994 reveal that work on the Sinter Plant Landscape Park was due to start imminently, and that work on the Deene Quarry balancing lake and restoration projects were proceeding. Sewer work on the Heavy Rolling Mills was proceeding. On 22 February 1994, and inspection by Northamptonshire County Council noted that there was mud staining of the highway across the site access at Deene Quarry.

On 23 February 1994, CBC informed Barton Plant Ltd that it had secured the contract for the construction of the new Sunday market on the site of the old Sinter building north of the Asda Superstore and to the east of Phoenix Parkway.

On 28 February 1994 there was an internal CBC meeting attended by the legal officers, Mr Webster and Mr Cropley. The discussion related to the sale of land on Deene Quarry to Deene Raceway Ltd. Since the contaminated tip of facility was on or at least close to the land to be sold, the meeting agreed that the contaminated tip had to be a continuing liability of CBC is to be retained in its ownership and monitored by it. So far as the remainder of the site to be sold, the meeting then went on to discuss whether CBC would have any continuing liability. It was reported to the meeting that ammonia and tar were widespread all over the site "as generally speaking they were part of the foundations of the Steel Works buildings”.

Mud continued to be reported on Gretton Brook Road in March 1994.

The formal contract with Barton Plant Ltd for the Sunday Market works was signed on 5 April 1994. The scope of works was defined as follows:

“The site forms part of the redundant British Steel Sinter Plant site situated on the Phoenix Parkway industrial estate. The site has been reclaimed with soft to firm clay, on which, after grading and compaction, it is intended to provide a platform by covering the site with various grades of geo-textile together with a layer of Type I sub-base material 250 mm - 400 mm thick. The initial crossover off Cockerell Road, which will form part of the adoptable highway, is to be constructive in concrete. A 20 mm dia water service is to be provided within the site and a 150 mm dia foul water connection is to be constructive to the existing file water manhole...”

There is no reason to doubt that this description of the site at that stage is reasonably accurate.

On 14 April 1994, a memo was written which went to Mr Ibbotson and the Land Reclamation Team relating to continued problems with mud on the roads:

“I confirm that on numerous occasions over the last few weeks Gretton Brook Road has been extremely hazardous due to the amount of mud carried onto the road. The mud continued from the site entrance to the Deene Quarry through the junction with Phoenix Parkway, along to Earlstrees Road and down Brunel Road

It has been extremely hazardous and I would ask that you therefore ensure any contractors working in the area clean the lorry wheels before driving onto the highway.

The situation created has been extremely delicate as with this quantity of mud carried onto the highway, if it had involved the developer or another contractor then there is the possibility that legal action would have been necessary.”

The mud on roads problem continued with a member of the public, a Mr Kane, writing on 20 April 1994 to the Chief Constable:

“I write with reference to the Gretton Brook Road in Corby. I would like to stress my concern to the condition the road is in due to heavy vehicles transporting earth. The road has at least 2 inches of mud on it, and as I use this road every day to travel to and from work my car ends up covered in mud and I am continually having to wash it. This also creates in my opinion dangerous driving conditions, as apart from the mud, the top surface of the road has been broken up by the heavy lorries causing stones to fly up from the road which could cause a broken windscreen or worse. Attempts have been made by the contractors to try and clean the road but whatever they do only seems to make matters worse.

I feel very strongly about this matter and feel that what used to be a pleasant country lane has now become a blot on the landscape. I would appreciate any comments you may have on the above and would also like to know what actions will be taken to rectify this problem."

This was copied to CBC which was undoubtedly aware of the continuing problem.

Mr Ibbotson wrote to Mr Webster on 28 April 1994 addressing amongst other things the mud problem, but in the context of the Mills Road Earthworks Phase III works:

“We are at present experiencing a number of problems in connection with the above contract which may give rise to potential claims from Weldon Plant. I briefly detail below the various headings which I consider require attention by the Council:

1)

There has been a new haul road constructed across the Deene Quarry Site from the gated entrance on Gretton Brook Road to the contaminated tip facility. The standard of the haul road is now causing problems during wet weather conditions due to its construction, and this is now resulting in additional maintenance to enable dump trucks to cross the site. The haul road has been constructed after the tendering exercise for the Mills Road Earthworks contract and hence circumstances are now different.

2)

Noone & McGowan are also using the haul road, adding to the problems, and to date without making any contribution towards the maintenance costs…

3)

Mud is being distributed along Gretton Brook Road during adverse weather conditions. Both contractors are contributing towards this, with the biggest problem caused by the road lorries used by Noones. Weldon Plant are having to clean up the road surface on behalf of Noones as well as themselves. I am receiving complaints from the Borough Council regarding the state of the road.

4)

Noones have been importing considerable quantities of material onto the quarry site and this operation has been going on for number of weeks and at times, seven days a week.

I am experiencing difficulty in establishing if Noones had in fact obtained permission to do the material on the site. In addition, is the Council receiving any tipping fee from this operation?

Until the Earthworks contract is completed with Weldon I would recommend that Noones terminate their activities for the time being…”

The LRCG meeting minutes or 5 May 1994 records that the Mills Road Earthworks Phase III, Deene Quarry Balancing Lake, Sinter Plant Landscaping and Sunday Market works were progressing.

The mud on roads problem continued throughout this period. A local resident, a Mrs Paluise. wrote in May 1994 as follows:

“I am writing to express my concern regarding the large amounts of rubble which are being conveyed in open trucks to the Weldon's site in Gretton Brook Road. As I use the road several times a day, and generally have young children in my car when being behind these trucks or alongside them – this… was not enough to avoid my car being hit by a large piece of rubble as one of these trucks thundered past -- fortunately for me and my children, the rock hit the lower part of my car and no damage was done… The general state of that piece of road is usually appallingly filthy… but I feel strongly that there should be some safety measures taken to ensure rubble is safely secured, or is loaded at a level that does not pose a risk…”

On 7 June 1994 Mr Ibbotson wrote to Mr Webster of CBC informing him that Weldon Plant was now importing material from an excavation in the Corby area and depositing it in the contaminated tip facility. He presumed that the contractor had obtained CBC' s permission. He referred to the fact that Noone & McGowan were still bringing material onto the Deene Quarry site.

On 9 June 1994, the NRA placed a (criminal) caution on CBC with regard to a discharge of effluent into the Gretton Brook from the Deene Quarry Reservoir work area. On the same day Mr Webster described this incident as "most regrettable".

At the LRCG meeting of 16 June 1994, it was reported that the Deene Quarry Balancing Lake, Sunday Market and Heavy Rolling Mills Sewers works were effectively complete and that the Mills Road Earthworks Phase III works were progressing.

Work had been proceeding prior to September 1994 at the Longhills site on a foul water pumping station for some months.

In November 1994, Dr Smith’s firm produced what was termed a "Validation Report" in relation to the Rolling Mills Phase III works. Such a report does not seem to have been provided for any other part of CBC's site. Its purpose seems to have been to demonstrate that a full and effective reclamation and de-contamination had taken place. It contains a material inaccuracy in that it says that it was "following the recommendations of Contest Melbourne Weeks" that the over site fill was removed. That fill had been removed before that firm’s reports were received. The report excludes references to contaminants found in that fill.

On 6 December 1994, CBC granted Midlands Markets Ltd a licence to use the site north of Asda as a Sunday market. It seems that the site had already been used beforehand after completion of the works for several months.

Following the completion of the Sunday Market work, there were many complaints regarding flooding of the site. These are referred to in a CBC memo dated 8 November 1994. Red dust at that site was also reported as a problem at the LRCG meeting of 23 November 1994. The new Sunday market was up and running by this time. Ponding continued to be a problem in December 1994. Dust continued to be a problem at the Sunday Market site over the months and years that followed as has been attested to convincingly by a number of the parents of the Claimants.

In 11 January 1995 Mr Webster of CBC wrote to Mr Lack of NCC discussing the "deemed technically competent" regulations as applicable to the contaminated tip facility. He effectively put forward Mr Buckland as the "deemed person” and attached an outline of the "Management Structure". He identified himself as being at the top of that structure with Mr Cropley as the head of Engineering Services "directly responsible for all Engineering works, including use and restoration of tip facilities at Deene Quarry for five years". Under them was Mr Palmer, the "Principal Engineer" said to have been "responsible for restoration works at Deene Quarry, reporting to H. E. S. Has undertaken these work since 1980." Mr Ibbotson was, wrongly, described as having the qualification M.I.C.E (Member of the Institute of Civil Engineers); he was said to be a "Consulting Engineer responsible for design, construction and use of Contaminated Tip Facility at Deene Quarry. Employed by Corby Council on these works since 1982”. Under Mr Ibbotson, Mr Buckland appears as "responsible for day-to-day management of the facility including tipping. Is on-site at all times when tip is in use. Employed at the tip since its original conception”.

Midland Markets who were the tenant of the new Sunday Markets site wrote to CBC on 23 January 1995 complaining that there were still "dreadful problems with the surface at" the market site. It wrote:

“The areas where they [the traders] have to stand is even worse now because the water also runs off the public walkways. The red dust which was a problem in the summer is now red mud. Traders or customers have only to drop something off the store or have the wind blow a rail of clothing over and that's their profit gone.

I cannot understand who suggested this surface for a market site, they certainly did not do much homework. The road shavings would be ideal, it's clean it rolls down and most times contractors have a problem getting rid of it. At least on the other market site traders were only stood in puddles not mud up to their armpits.

Even the exit road which was supposed to be a much stronger surface is collapsed with just the use of cars, there are potholes so deep we had hard-core delivered to repair than, but we are just fighting a losing battle…

Something has got to be done or else we shall have no traders left to worry about…”

By February 1995, CBC had subdivided their Willowbrook site into three Areas, A, B and C. Tender documentation was drawn up with regard to work of "decontamination" for Area A which was the westernmost area. The tender documents describe the works as being carried out :

As referred to in the LRCG meeting of 2 March 1995, further drainage works were done at the new Sunday Market site; by that stage these works were described as "almost complete.

On 10 March 1995, Mr Webster informed Weldon that its tender for the Area A decontamination works had been accepted. Weldon's tendered rate for excavation of contaminated material was £10.92 per cubic metre. No separate rate was included for disposing of that material to a licensed landfill site: the rate for that was said to be included elsewhere in the tender rates and prices. Some 63,000 cubic metres of contaminated material was billed to be excavated. Weldon's tenders for Areas B and C and for Bank Stabilisation were also accepted, there being some 25,000 and 46,000m³ respectively billed to be excavated. The pre-contract meeting for all these works was held on 28 March 1995, attended by Mr Cropley and Mr Palmer for CBC.

A wheel wash facility was installed in early April 1995 at the entrance to Deene Quarry off Gretton Brook Road. This was inspected by Northamptonshire County Council whose inspector was concerned that it was very close to the side entrance and might “not be totally effective in terms of preventing mud being deposited on Gretton Brook Road”, as set out in its letter dated the 27 April 1995 to Mr Cropley.

At the first Site Meeting for the Willowbrook works, it was reported that approximately 22,000 m³ had been excavated at Area A.

On 28 April 1995 the Deene Quarry Restoration Landscaping and Leachate Control works were substantially completed by Weldon Plant. This was work which comprised excavation and removal of contaminated material, concrete, steel and existing non-contaminated material, placing them in a stockpile on-site importing cohesive material and placing in layers to provide capping to site. This was Contract No 98.

The NCC inspection of 21 April 1995 identified that “some non-inert materials have appeared on-site[and] are stockpiled near to the containment cell” on the Deene Quarry site.

At the LRCG meeting of 27 April 1995, Mr Palmer reported that Area A of Willowbrook site “had been found to be more contaminated than expected-full extent of contamination not yet known". It is clear that Weldon was being permitted to deposit the excavated contaminants at the Deene Quarry contaminated tip facility or in that area.

On 10 May 1995, Mr Ibbotson reported to CBC that barrels and trees were being deposited in the Deene Quarry tip, there was no supervision of the tipping operation and considerable quantities of inert fill were being imported from other sites and being deposited in the tip facility.

The NCC inspection report of 12 May 1995 records:

“Mud Stain on the highway at Gretton Brook Road Entrance to site-wheel wash too close to highway to be effective.”

At Site Meeting No 2 held on 16 May 1995 for the Willowbrook work, it was reported that for Area A 40,000 m³ had been disposed of, for Area B excavation and disposal was 80% complete and for Area C excavation and disposal was 50% complete.

At the LRCG meeting of 25 May 1995, it was reported that at Area A the excavation had already reached 8 m in depth: dry contaminants (i.e. slag) were to be left in whilst "wet contamination will be removed completely”. It was reported that the contaminated tip facility at Deene Quarry was nearly full and would be completely full when Area A was a decontaminated. On the same day it was recorded in an inspection report that there was a “muddy film on Gretton Brook Road”. The following week on 31 May 1995, a similar inspection report from Northamptonshire County Council reported:

“Mud on the road is causing slippery surface to highway and problems with dust. The wheel wash is probably contributing to this problem rather than helping- Road sweeper being used is totally inadequate for job required."

By 12 May 1995, the NCC inspection records indicated that the containment facility was full but material was still being imported and was now far exceeding that necessary to restore the containment area. Notwithstanding this the LRCG meeting of 12 June 1995 recorded that the filling of the contaminated tip was "to be targeted to be completed by end July”.

On 23 June 1995, there clearly was a problem with dust on the Willowbrook sites. Weldon Plant was instructed for Area A to "cease import of materials as at 9 am this morning until all access roads are damped down sufficiently well to inhibit flying dust”. This continued to be a problem as the NCC inspection record of 7 July 1995 recorded:

“Tipping lorries causing large clouds of dust to cross site on breeze. Whilst there are no residences or businesses very close to site some effort should be employed to suppress dust."

By July 1995, Mr Hagen, a CBC Councillor, had raised concerns with CBC which had been referred to the principal auditor, Mr McGrenaghan relating to the Willowbrook tender process. This related to issues concerning the opening of tenders. Mr McGrenaghan had reported on these matters on 13 July 1995. There would be later complaints from Mr Hagan.

On 11 August 1995, NCC modified CBC's Waste Management License C20 by adding a requirement that CBC was to "keep a record of the quantities of waste deposited at the site" and submit a quarterly return of quantities of waste deposited at the site each month.

On 22 August 1995, NCC referred to three earlier letters relating to the inadequacy of the wheel cleaning facilities at the Deene Quarry site:

“… I … am writing firstly to express concern that I have not received reply to the matters raised.

Secondly, I wish to reiterate my previous concerns about the effectiveness of the wheel cleaning facilities on site and attach a copy of photographs taken in many of this year illustrate this point.

I should be grateful for your comments in reply to the above as soon as possible and would suggest that if the wheel cleaning facilities are to be improved and present weather conditions would appear ideal."

On 18 September 1995, NCC reported to CBC on a problem which had been continuing for a number of months, fly tipping at Deene Quarry:

“I write further to my letter of 24 August 1995 and must report that fly tipping, as predicted, has continued and is increasing the above site. The situation is very disappointing and I would request that you consider blocking-off the gap in the hedgerow and removing the fly-tipped materials just inside this gap as a matter of urgency.

I will also highlight that the large quantity of tyres and tree roots, which had been on-site for many months now, also constitute unauthorised deposit and I would request that you inform me of your intentions regarding the removal of these ‘stockpiles’ from the site. There is also evidence that fly-tipping has occurred between the tyres and tree roots where offenders can deposit unauthorised materials and be sheltered from sight.

As today I have not received any word from either yourself or Mr Cropley regarding any of the above, I must request that you inform me later than 14 days from receipt of this letter of your intentions, otherwise enforcement proceedings may be initially. Alternatively, if you should wish to arrange for a site meeting to discuss the above, this can also be arranged.”

The County Council inspection report of 22 September 1995 recorded that the hedge gap was now closed but that the site was busy again with the importation of contaminated soils.

On 7 September 1995, the Certificate of Completion for Areas B and C, Willowbrook, was issued certifying a date of 28 May 95, although this may have been inaccurate.

One 22 September 1995, Mr Palmer answered NCC's letter of 22 August 1995 relating to wheel washing:

“Thank you for your letter dated 22 August 1995. Please accept my apologies for the delay in replying.

No action has been taken in respect of the wheel wash facility as negotiations for the disposal of sites are well advanced.

The sale will make the entrance of Gretton Brook Road redundant and it would be sensible to defer any action until such time as the land sale issue is determined

My assistant, Mr Palmer, will be pleased to discuss any problems you may have in this area.”

This was in effect an acknowledgement that the wheel wash facility was inadequate and that nothing had been done to overcome the inadequacy or make any alternative arrangements. NCC's response on 26 September 1995 was to be asked to be advised “of the final outcome relating to the possible sale of the site, in order that it can be determined whether any further action is necessary on my behalf"

At the LRCG meeting of 28 September 1995, it was reported that "all de- contamination had been carried out" at Site A and filling was still required. This was not true as the contractor had simply ceased digging having found substantially more contaminated material than had been billed. The contaminated tip was said now to be full and a contract for capping it was due to be returned on 11 October 1995.

CBC had some concerns about the activities of Weldon Plant Ltd, some of which were referred to in its letter at to Weldon on 24 November 1995:

“The Council is now attempting to undertake the restoration of the Deene Quarry Tip as soon as is practical. In this respect a number of points require clarification:

…3) Tree trunks and roots-It is proposed to burn and dispose of the tree roots etc, which you imported onto the site, as part of the current tip restoration contract. This element of the contract has a cost implication of £200. Please indicate your intention to either remove the roots, or cover the Council's costs.

4)

Contaminated Material-Earlier this year some 50-55 loads of chemically contaminated material were imported onto the site and deposited in the tipped facility. You were subsequently requested to remove the same from the site, but instead proceeded to bury the material in the tip. Following a site inspection by the Council you were subsequently requested to undertake further grading worked on the site in the vicinity of where the material has been buried. A number of issues arise as a result of your action:

a)

The Council requires to know the chemical compound of the material deposited in the facility to ascertain if it is compatible with the deposits already in the tip.

b)

The chemical nature of the material is required to check if the membrane lining in the tip is capable of containing the same.

c)

The source of the material.

An early response to the above points would be most helpful.”

NCC's inspection sheet of 12 December 1995 records that a mud film had been deposited on the highway due to a recent busy period. It was said that “a brush-type sweeper in operation is not sufficient” and that not all the vehicles were using the wheel wash when leaving the site.

NCC’s inspection report of 17 January 1996 states that:

“Site roads in poor condition.. At present importation to site very busy with Weldon Plant haul from Geddington Road Corby. Mud on road very prevalent, muddy puddle forming by turn into access. Tractor brush type sweeper on-site but wholly inadequate during busy times. Sweeper/extractor tanker should be employed. At present the mud situation is very poor and continuous some distance on Gretton Brook Road. Action required urgently."

On 2 February 1996, Mr Palmer under Mr Webster's name wrote to English Partnerships, who taken over from the DoE, under the Derelict Land Act 1982. He sought funding for the filling of the substantial excavation which had been left unfilled on Area A of Willowbrook. Effectively, Weldon Plant had simply left a hole in the contaminated ground at that site, with the knowledge and consent of CBC.

Mud continued to be a problem with the County Council reporting to Mr Palmer on 12 February 1996 in relation to "wheel cleaning":

“I refer to your letter dated 22 September 1995…

It has recently been brought to my attention that the site entrance to Gretton Brook Road is still in use and this is causing problems in terms of mud on the road.

I should therefore be grateful if you could advise the latest situation relating to the sale of the site, together with any measures to address the mud on the road this year.”

Thus, it is clear that no effective wheel wash facility had ever been provided and as a result substantial quantities of mud, earth and other materials had been tracked onto the roads in and around the site.

By early 1996, CBC had resolved to carry out extensive works at Soothills with funding from English Partnerships. NCC had formed the view that material from Soothills could go into Deene Quarry but certain material from Soothills identified in Trial Pit No 5 dug by Norwest Holst in 1986 was to be excluded from what could go into Deene Quarry; Mr Palmer was told of this by Mr Downey who by this stage had been working for NCC for some years on 22 February 1996. On the same day, Mr Palmer asked NCC for a modification in that context of its tip licence.

On 23 February 1996,NCC wrote to Mr Palmer saying that, in order for the wheel washing arrangements to be more successful, it would be desirable to have at least 50 metres of hard surfaced road between the wheel cleaner and exit out onto Gretton Brook Road. He even sent details of wheel cleaning facilities. On 29 February 1996, the NCC inspection report stated:

“Approach to wheel wash 12" deep in mud from side to side, as result the wheel wash water is very muddy and has limited effect despite good weather and low traffic movements. Mud being deposited on road. Internally site very muddy due to thaw. Significant improvements to Gretton Brook Road site entrance will be needed when the site is busy again."

Matters had not improved in any way when the inspector visited a week later as was pointed out by NCC’s letter to CBC on 11 March 1996. Matters still did not improve as the weeks went by.

In February 1996, CBC prepared tender documentation for the Soothills reclamation. The scope of works was described as comprising:

“…major earthworks including excavation and removal of contaminated material, imports include use of material, re-alignment of existing watercourse using box culverts, land drainage works and services diversions”

The Health and Safety Plan stated that the works were to be carried out in "in an area of open land, containing large deposits of contaminated materials". The Specification stated materially:

“Mud on the Highway

All materials shall be transported to and from the side in vehicles that fully comply with the provisions of the Road Traffic Act and shall exclude all vehicles contained within Section 9 of the Schedules of Dayworks carried out incidental to Contract Work 1990.

All vehicles removing contaminated materials must be sheeted in an approved manner”. [Clause 642AR]

It was in March 1996 that Mr Hagen was contacted by a "whistleblower" with concerns about how various contracts had been procured. In fact that whistleblower was Mr Bosence. The allegation was that there were "corrupt practices" carried on for some years between CBC officers (in particular, Messrs. Webster, Cropley and Palmer) and Weldon Plant. I emphasise that these were allegations and, as appears elsewhere in this judgement, I do not need to make any findings as to whether the allegations were made out. Certainly no police prosecutions ensued. Mr Hagen wrote a three-page letter to the Leader of CBC setting out the allegations on 17 March 1996.

A Mr Wood (possibly a borough councillor) wrote to CBC on 20 March 1996 with concerns about the Soothills Reclamation:

“I have some concerns as to the possible levels of contamination that may be present in the soot deposits at this site, therefore I would expect an up-to-date survey of the site to be carried out to determine if the material is contaminated with substances which may be potentially harmful. Also, that the contractor submit amethod statement outlining what action will be taken to prevent as far as possible, particulate discharge into atmosphere during the removal of the sootbanks.

There is great potential for dust nuisance on this site and therefore you may wish to consider the following to help mitigate dust emissions:

1.

A wheel wash be provided on site.

2.

That facilities are provided for damping down during dry weather conditions.

3.

That proper sheeting be provided for vehicles and equipment on-site.

4.

A designated vehicle route away from domestic and dust sensitive areas.

5.

That the same facilities be provided at the destination site, should that be in Corby Borough.

In order to determine if any atmospheric pollution may occur during the reclamation of the Corby subfields, I contacted the Land Reclamation Team to discuss reports of "heavy metals" and other contaminants which may be on-site. Information was that the latest survey carried out was in 1986 by Norwest Holst. I then contacted Northamptonshire County Council Waste Regulation Officer, Mr Benson Downey, who informed me that he was very familiar with the site. He is satisfied that the material is classified as category F non-special waste. This means that the material has a level of toxicity and should be disposed of in a prescribed manner.

Information from alternative sources indicate that the level of toxicity is being "played down". I consider that an immediate survey of the area should be undertaken to determine the levels of contamination and a method statement submitted by the contractor outlining the disposal of materials and harassment of particulars into atmosphere."

This was a sensible and informed letter. It was surprising that no new site investigation had been done at Soothills before tenders had been invited. However, a further investigation was initiated, to be done by Dr Smith’s firm.

Weldon Plant's tender was the lowest for Contract No 108 but the second lowest tenderer, Noone & McGowan’s, tender was actually accepted. Weldon Plant wrote complaining about this on 29 March 1996.

Mr Bosence was involved in Contract No 108 and attended the first meeting between CBC and Noone & McGowan on 19 April 1996. There was a detailed discussion about access to the sites. There was a possibility that access (entry and exit) could be obtained via Geddington Road but that would have to be negotiated with BSC. The Contractor asked for access to Deene Quarry tip via Shelton Road, which was off Steel Road. Mr Palmer said that CBC would not object to this latter request provided all permits and wheel wash facilities were in place. He said that CBC would appoint a chemist to test material at the Soothills site to determine its suitability as fill material at Deene Quarry.

Meanwhile, matters were not improving in terms of wheel washing facilities at the Gretton Brook Road access to Deene Quarry. NCC wrote on 22 April 1996 that on 18 April 1996 a “concentrated number of vehicles” were utilising that access. It asked what works were being undertaken and what was the latest situation regarding any improvements to access and wheel cleaning facilities. NCC’s inspection sheet for 25 April 1996 revealed that the internal haul road was very muddy and mud was being deposited on the highway in the form of a muddy film which was drying and causing dust on the road. The inspector wrote that because the wheel wash was not working properly it should not be used; arrangements should be made for the road to be kept dust free.

Mr Hagen wrote to the Leader of CBC again on 29 April 1996 referring to a meeting which he had with Mr Webb, the Managing Director of Weldon Plant. Mr Webb rebutted all the allegations which Mr Hagen had earlier passed on. Weldon Plant later threatened to sue CBC and Mr Hagen.

Mr McGrenaghan produced his Principal Auditor report in May 1996 relating to the alleged contract irregularities raised by Mr Hagen. His "Summary of Findings" is as follows:

“1.

Insufficient evidence to support allegations of corruption

2.

Level of supervision needs improving and enhancing.

3.

Improvements in financial controls and obtaining value of the money required.

4.

Levels of documentation are not satisfactory.

5.

Lack of management information reports on projects will stop.

6.

Inadequacies in the level of audit trails maintained.

7.

Grave oversight that details of facts of 12 March 1996 not known about by those involved in tendering opening.

8.

Levels of technical expertise is [sic] called into question.

9.

The position concerning variations in quantities and steel shuttering in the Willowbrook North Area "A" contract is unsatisfactory.”

Mr Bosence was interviewed for this report but it was not known that he was the whistleblower. Indeed the note of his interview suggests that he was somewhat reticent.

Dr Smith was asked by Mr Palmer to help formulate a strategy for advanced sampling "to obtain sufficient information to guide excavation and determine the most suitable tip (either the Deene Quarry, in the proposed new cell; or else in a contaminant site as requested by the WRA)." He wrote on 2 May 1996:

“…Norwest Holst tested only a relatively small number of samples in. the 1986 investigation and, I believe, tended to choose samples that were typical of different materials. The high metal results obtained from samples at TP5 should not, therefore, be considered as applicable only to TP5 and its vicinity, rather they should be considered as probably typical of the very fine-grained variety of brown soot wherever it occurs.

Walking around the heaps, now that they had been dug open and spread around, the amount of white efflorescence is startling. I'm fairly sure that this is all sodium sulphate. This is very soluble, but not particularly toxic…

The Soot Banks are now so spread out and so patchy that I think the best way of planning it out would be to spend two days trial pitting a.s.a.p to try to obtain as many representative samples of different mounds/terraces/materials as possible. These would be tested for the main contaminants of concern and are selected suite, say ten samples, will be subjected to the NRA leeching test to determine the pollution potential of the main types of materials…”

Dr Smith was retained to carry out the site investigation which he suggested in that letter and his firm commenced trial pitting in early May.

Mr Bosence and NCC had a meeting on 14 May 1996 to discuss the wheel cleaning facilities at the Gretton Brook Road entrance. NCC wanted the wheel cleaning facility to be more than 50m from the public highway and for there to be a surfaced road between it and the highway edge. Mr Bosence thought that this was not possible because that would involve excavating into contaminated waste. Some accommodation however was reached between them and was set out in NCC's letter dated 16 May 1996 to Mr Bosence:

“…the Council as Waste Planning Authority is reluctantly prepared to accept the wheel cleaning proposals detailed on your plan reference CBC542 but only subject to conditions:

1.

That wheel cleaner is located as far back into the site as possible before entering the contaminated area.

2.

The surface between the facility and the public highway is surfaced with concrete.

3.

A road sweeper is kept permanently on site and the stretch of concreted area is kept totally clear of debris. I must stress the importance of this final point and I would advise that any sweeping of the highway should be seen as a very last resort and every attempt should be made to ensure mud is not deposited beyond the site boundary in the first instance…”

Even this accommodation was not realised by CBC.

By late May 1996, the Environment Agency, which was now responsible for waste licensing decided to approve amendments to the C20 licence which as amended read:

“This licence permits the deposit of waste on land other than burning by an incinerator.

Other types of waste accepted at the site shall consist only of:

1.02.1

Waste Category A-Solid Inert Waste

1.02.2

Contaminated material as defined by previously submitted analysis:

a)

from the area of the Toxic Ponds and the Deene By Products Plant to be deposited only in the area marked A on plan C/20.

b)

from the area of Soothills (as marked on plan C/20A) to be deposited only in the area marked B on plan C/20.

Under no circumstances shall any of the Soothills waste from Trial Pit 5 of the original analysis (refer to appendix 2) or any other Soothill waste found at or above these levels be deposited at the site, but shall be disposed of appropriately at a site that will accept category F non-special in accordance with the Working Plan.

For waste categories see appendix 1.

The total annual quantity of waste to be accepted at the site shall be less than 75,000 tonnes.”

The new area was a triangular (approximately) area to the South of the old tip containment facility.

There continued to be little or no control over what was happening at Deene Quarry. NCC's inspection record of 23 May 1996 refers to the fact that a full load of tarmac had been deposited at the tipping face notwithstanding that it was not a suitable material for depositing at an inert only site.

In June 1996 Dr Smith's firm produced its report on its investigation of the Soothills Area. He referred to the fact that the site “had been severely altered by the excavations of the soot contractor". His examination reveals that none of the samples had heavy metal levels remotely similar to those identified in Trial Pit 5 dug in 1986. He said that if more spots of heavy metals, such as those originally seen at Trial Pit 5 were encountered, the levels of lead and cadmium would present a mild health hazard from long-term exposure via ingestion and via inhalation of dust. At paragraph 7.5 he wrote:

“The key to safe excavation and transport of the material, then, will be dust control and dust suppression, to reduce the risk of exposure of the workforce and public. Appropriate protective clothing, including eye protection, should be warned where ever exposure to dust is likely."

The report concluded:

“9.1

The configuration and nature of the Soot Banks has altered significantly since the 1986 survey was carried out. Large volumes of soot have been removed from site. The materials that remain include remnants of the original banks that were considered to contain too little soot to be workable, and heaps of other fines and of large boulders that were abandoned by the soot contractor.

9.2

The 1986 survey had located and sampled at pit five a deposit of 0.55m thickness of very fine grained, brown, slightly clayey silt, believed to have been from blast furnace secondary dust catchers. This silt had particularly high concentrations of zinc, high cyanides, elevated lead and cadmium. The site of pit 5 was excavated by the soot contractor and that material removed and sold, along with the rest of the soot. The former site of pit 5 is now approximately 5m lower than in 1986. No other material exactly similar in either appearance or chemistry to that brown fine grained silt has been found and it now appears likely to have been an isolated occurrence, although further probing will still take place around the former site of pit 5.

9.3

The bulk of the material remaining on-site is slag intermixed with coarse grained sand to gravel-sized ‘soot’, or flue dust from the blast furnace primary dust catchers, which consists of varying proportions of iron ore, Coke, limestone, and slag. The deposits include soda slag, or similar wastes from the soda ash process for desulphurization of steel. It has been on the site at least 45 years and has leached and weathered to liberate sodium sulphate that has re-crystallised in massive blocks, at depths of 3m or more below the original tip surface…”

On 3 June 1996, CBC granted itself planning permission for the reclamation, regrading and removal of industrial waste at Soothills. Following representations from the Environment Agency, CBC imposed a number of conditions on this planning permission including:

“2.

No development approved by this permission shall be commenced before a detailed scheme for investigation and recording of contamination at the site has been completed and detailed proposals in line with current best practice for removal, containment or other treatment of such contamination… have been submitted to and approved by [CBC]…

5.

Before commencement of works for reclamation measures, facilities for prevention of dust nuisance and transfer of contaminants or materials to the public highway including wheel wash and damping down facilities shall be installed at the site in accordance with details approved by [CBC]…

6.

Before commencement of removal of any material from the site details of traffic management measures to ensure that lorry movements in connection with the transfer of contaminated materials between the application site and the receiving site are restricted to specified routes shall be submitted to [CBC] for approval and approved management measures implemented for so long as reclamation continues…”

Effectively CBC was to police this reclamation operation.

Mr Webster of CBC replied to NCC's letter of 16 May 1996 in relation to wheel cleaning facilities at Deene Quarry on 7 June 1996:

“… I confirm the following points raised… at the site meeting of 14 May 1996.

1.

A concrete surface roadway exists between the present wheel wash and Gretton Brook Road. This was considered adequate.

2.

A suction roadsweeper is to be permanently in use when the access is being used by construction vehicles.

3.

An additional wheel wash is to be constructed as indicated on Drg CBC 542, this is to be placed before the existing wheel wash providing a 50m run-off to the site gates.

4.

The existing wheel wash is to be cleaned out and remain a dry run in/out area.

With regard to Mr Bosence’ telephone conversation with your Mr Cattell on 31 May 1996 regarding proposed to wheel wash facilities at the Geddington Road entrance to the Soothills site, it was agreed that, as an existing surfaced road runs into the site for approx 100m, temporary wheel wash facilities will only be required at times of inclement weather.”

By mid-June 1996 there were discussions between NCC and CBC about how lorry loads of material from Soothills should be analysed; this was with a view to avoiding a breach of the licence and to preventing unauthorised material from being placed in the tip at Deene Quarry. NCC wanted analysis on at least one in 20 loads. Dr Smith on 10 June 1996 advised against any analysis of loads because by the time that the results came back (6-10 working days), it would be too late; he preferred identifying unsuitable wastes at source.

At the LRCG meeting of 13 June 1996, it was reported that £100,000 had been approved for filling the void left at Area A at Willowbrook. It was said that preparation of the tip site at Deene Quarry (for the Soothills material) had hit a problem, which was that a previously buried tar lagoon was leaking out into the pit. Noone & McGowan notified a potential claim in relation to this which they described as a "potential hazardous material" on 13 June 1996.

The NCC inspection sheet for 13 June 1996 recorded that unacceptable material (similar to ditch dredgings or from a pond, containing tyres) had been deposited at Deene Quarry.

Mr Buckland, employed to supervise the Deene Quarry end of the Soothills work, kept notes in a notebook (F63/242-341), which records for instance that Noone & McGowan started work on Soothills on 4 June 1996 and that they used Soothills material as a sort of hardcore for the haul road and for site access; Mr Buckland assumed that this was acceptable. He noted that later in July the contractor was tipping the soot and slag off a “high face”. He describes there being dust on numerous occasions.

Over the first few weeks of the Soothills work, Noone & McGowan loaded substantial quantities of excavated material onto un-sheeted lorries which were then driven on public roads, including Phoenix Parkway and the material deposited in a stockpile in Deene Quarry close to the Gretton Brook Road entrance. Some 3000 m³ was involved, which would have involved up to 300 lorry loads. No wheel wash was provided at the Soothills site and no effective wheel wash was in operation at the Gretton Brook Road entrance. These lorries’ contents were not tested.

At the Pre-Contract Meeting for the Soothills contract works on 3 June 1996, it was noted that Mr Buckland was to be responsible for the supervision of cell lining and the filling of Deene Quarry with the Soothills material. Work was to commence that day. The first Site Meeting took place on 18 June 1996. Mr Palmer told the contractor that a material sample was required from every 20th lorry load with a chemical test every 60th load. Mr Buckland was away on holiday at the time and it was said later that Mr Ibbotson was overseeing operations at Deene Quarry.

By June 1996, it was apparent to CBC that the annual quantity of waste for 1996/7 would exceed the 75,000 tonnes permitted by the licence. To that end, it wrote to the Environment Agency on 19 June 1996 asking for a variation to that licence condition and, additionally, asking:

“(4.02)

The requirement for testing every 20 loads of Soothills waste appears unnecessary and prescriptive giving the Council's strategy of identifying, in advance of excavation, any deposits of wastes unsuitable for Deene Quarry, with excavation taking place under the guidance of an independent consultant.

The rationale behind this strategy is to, firstly, identify and categorise all wastes on the site and, secondly, to ensure that deposition of unsuitable wastes at Deene Quarry is prevented.

It is accepted that testing of loads to the site is a further check to the off- site testing regime previously mentioned. Can a frequency of every 200 loads be agreed as an acceptable alternative?”

This letter was misleading; there was no “strategy” for identifying in advance unsuitable wastes and the excavation was not taking place under the guidance of an independent consultant. Dr Smith was not supervising and tests on the material were not being done in advance.

On 19 June 1996, Dr Smith wrote to Mr Palmer and CBC quoting figures for supervision costs for the Soothills contract. This quote was not accepted.

On 24 June 1996 Noone & McGowan provided a method statement for, amongst other things, "dust suppression and control". The document in the Court papers is incomplete and distorted in photocopying. The statement appears to suggest that on site dust would be suppressed using a vacuum and a bowser would saturate with water roads and washing areas. It proposed that all vehicles removing contaminated materials off the Soothills site would be sheeted "to minimise risk to the general public". It said that a "suction sweeper" would be available at all times to keep clean Gretton Brook Road and Geddington Road.

The Environment Agency, who had taken over from the County Council waste regulation responsibilities, recorded as follows on its inspection sheet of 27 June 1996 in relation to Deene Quarry:

“Site relatively busy this morning as hard-core being imported to construct internal haul road for Soothills Hall. Considerable dust problem with vehicles ‘kicking up’ dust and creating dusty access onto Gretton Brook Road. When Soothills haul commences dust suppression measures will [illegible] be permanently on the site to prevent considerable problems with dust”.

By this stage excavation and transporting of material from Soothills had started and was being taken to the Gretton Brook Road entrance, where there remained no effective wheelwashing facility and there was none at the Soothills site.

The Environment Agency responded on 27 June 1996 to Mr Palmer's letter of 19 June 1996. It was willing to permit more than 75,000 tonnes of waste to be deposited at Deene Quarry. Claire Poole for the Agency wrote:

“Waste Input Analysis I believe this issue was discussed at a meeting recently with my colleague Mr Benson Downey. I appreciate that Corby Borough Council has proposed and is undertaking a monitoring program to analyse the materials source and therefore should prevent all unsuitable material from being taken to Deene Quarry. However the reason for the analysis of waste entering the site is to achieve an accurate indication of the waste that is actually deposited at the site. This is vital information if a certificate of completion is to be contemplated in the future.

The licence actually requires 1 in 20 loads to be sampled and analysed. However it was agreed that as long as one in 20 loads were sampled and retained, 1 in 60 could be analysed and submitted to the Environment Agency. If any of the submitted analysis caused concern than the other samples could be analysed as a check…”

The formal construction contract between CBC and Noone & McGowan was signed on 1 July 1996. As Mr Webster said in a draft report of 13 December 1996, consultants were not retained to design or supervise either the Soothills or the Willowbrook North contract, albeit that Dr Smith and others had provided some advice and investigative services mostly beforehand.

On 2 July 1996, Dr Smith presented his findings in relation to the tar which had been found at Deene Quarry. He considered that the tar deposit was at most 10 x 20 metres. He reported that the old Ordnance Survey maps showed a long "slurry pond" at this point in the Quarry, with a rail link to the main line. He said that there was no doubt "that there was a lot of tarry waste… tipped in this general area". He found that there were benzenes and PAHs present and that these were hazardous to health.

Site Meeting No 2 for the Soothills works was held on 2 July 1996. It was recorded that no roadsweeper had attended the entrances to Deene Quarry and Soothills during inclement weather; this was said to be unacceptable. Although signs had been erected at the entrance of the site informing all drivers that lorries were to be sheeted, it was reported that present sheeting operations were unsatisfactory as areas of excavated material were exposed on the backs of lorries. The contractor said that larger sheets would be used with the sheets being tied over the back of lorry tailgates to prevent material being exposed. At this stage material continued to be transported to the Gretton Brook Road entrance to Deene Quarry over public roads as access arrangements at the Shelton Road entrance had not been finalised. Other material being imported into Soothills contained a high proportion of unacceptable fill such as plastic bags, paving flags and wood.

On 10 July 1996 the Environment Agency inspection report commented that there was "some evidence of dust suppression on site".

Meanwhile, there was intensive discussion proceeding at and within CBC relating to the tender process for yet another project, the Mills Road Earthworks Phase IV works. Mr Bosence had, secretly, told Mr Hagen about certain acts which were said to have taken place which were said to be irregular. Because Mr Cropley and Mr Palmer were implicated in this and in the earlier matters investigated, their union, Unison, raised their concerns with the Chief Executive of CBC. Mr Hagen’s activities, justified or not, gave rise to some political turmoil within the controlling Labour group at CBC with complaints being made about him.

As at 25 July 1996, when Mr Webster wrote to a Councillor who had raised some queries, material continued to be transported from the Soothills site onto Geddington Road, across the roundabout with Weldon Road and up Phoenix Parkway and into Deene Quarry via that route.

On 8 August 1996, the Environment Agency modified CBC's Waste Management License C20:

“1.02

Types of Waste/Permitted Operations

This license permits the deposit of waste on land other than burning by an incinerator.

Other types of waste excepted at the site shall consist solely of:

1.02.1)

Waste Category A-Solid Inert Waste

1.02.2)

Contaminated material as defined by previously submitted analysis:

a)

from the area of the Toxic Ponds and the Deene By Products Plant to be deposited only in the area marked A on plan C/20.

b)

from the area of Soothills (as marked on plan C 20/A) to be deposited only in the area marked B on plan C/20.

Under no circumstances shall any of the Soothills waste from Trial Pit 5 of the original analysis (referred to appendix 2) or any other of the Soothills waste found at or above these levels be deposited at the site, but shall be disposed of appropriately at a site that will accept category F non-special in accordance with the Working Plan.

For waste categories see appendix 1.

Please note that this modification removes the previous annual quantity limit of less than 75,000 tonnes from the licence."

On 8 August 1996, Dr Smith submitted to Mr Palmer at CBC the first batch of chemical results received from the laboratory of the samples taken off lorries transporting slag and soot to Deene Quarry. Those samples had been taken on 23 July 1996.

On 9 August 1996, the Environment Agency inspection report records that mud and debris were being deposited on road due to wet weather and suggests that roadsweepers were not being deployed.

Mr Buckland’s notes continue to record dusts. They reveal that the first time that the Shelton Road entrance was used was probably 16 August 1996. It is unclear when the contractually required wheel wash facility was installed and effective. He recorded on 6 August 1996 that it was not complete and usable. There is no entry as to when it was completed or used. Mr Bosence recalled that one was eventually installed at the Gretton Brook Road entrance and used but that must have been after 6 August 1996; he said that it did not have water in when he saw it. He also said that hand fixed sheeting was used for the lorries but I am satisfied that this did not happen for several months after commencement. He gave evidence that only an inadequate sweeper was used by the contractor on the road; it was a JCB with a brush on the front. There clearly was a serious dust problem at the Soothills site. Drivers and other workers were offered respirators but most declined them. Numerous complaints were made about the dust. Mr Bosence talked about “plumes of dust”, “you used to get covered in the stuff”, that “you were black at the end of the day” and that the dust was going over the adjacent Exeter Estate to the west of the Soothills site. The use of bowsers and sweepers were used as a “token effort to try and suppress the dust”, as Mr Bosence said in evidence. A significant part of the dust problem arose from the breaking up with mechanical plant of large amounts of fused contaminated material. Limited dust sampling was arranged in September 1996.

By August 1996, Mr McGrenaghen as Principal Auditor was furthering his enquiries into the activities of a number of people including Mr Cropley and Mr Palmer. To that end he prepared a number of questions to be answered in interview. They were interviewed in relation at least to Area A Willowbrook North in August. Their answers to some of the questions were and are illuminating:

The Environment Agency inspection report the 22 August 1996 records that the Shelton Road entrance to Deene Quarry, that is from the south, was "now in use". The inspector stated that:

“If this is to continue to be the case then the same [concern] relating to dust and mud on the highway will apply as with their Gretton Brook Rd entrance.”

Mr Bosence told the Environment Agency on 20 August 1996 that the new route for Soothills material to be transported to Deene Quarry through the Shelton Road entrance would be to Geddington Road as before, turning right onto Weldon Road following that through onto Steel Road before turning right onto Shelton Road.

The Environment Agency report of 3 September 1996 revealed that yet again fly tipping had occurred on the Deene Quarry site, in this case a sofa and bags of rubbish on the haul road and the Gretton Brook Road entrance.

Belatedly, on 5 September 1996, Mr Webster for CBC informed the Environment Agency that 205,000 m³ of material (all from designated sites) was taken into Deene Quarry in 1995. For the first six months of 1996, he said that none had been imported. That was not strictly accurate as Soothills material had already been taken into Deene Quarry through the Gretton Brook Road entrance by Noone & McGowan, albeit stockpiled and not actually placed in the tip.

On 11 September 1996, the Environment Agency reported in relation to Deene Quarry that "dust suppression [was] non-existent and vehicles kicking clouds of dust with every journey". Given the dust problems which were undoubtedly occurring at the Soothills site and which were giving rise to some complaints from the public, consideration was given to set up dust monitoring in September 1996. A quote was obtained on 17 September 1996 from MIS Ltd to take samples for amongst other things nickel, chromium and cadmium. Dust monitoring equipment was used to carry out sampling initially over five days, 19, 20, 23, 24 and 25 September 1996. Dust was certainly being generated on this site. The contractors had to use machinery known as an Ackerman to break up large boulders or agglomerations of material.

Dr Smith's firm did a further trial pit investigation on 19 September 1996 at Soothills. In two pits, W and Y, a very fine grained sludge, described as "cheesy", was found. In one pit oily material was found with a marked coal tar odour.

A disciplinary hearing for Mr Palmer took place on 25 October 1996 in which Mr Webster made his statement of case against Mr Palmer, the main points of criticism being failure to carry out duties on job description, lack of supervision of staff, poor preparation of drawings, inadequate supervision, failure to file satisfactory minutes relating to contract status and monthly progress meetings and lack of liaison.

On 31 October 96, the Environment Agency's report highlights some inadequacies in mud control which were corroborated in the evidence of Mr Bosence:

“Although roadsweeper on site it is barely enough in today's muddy conditions and although there are no ‘clods’ of mud on road there is a thick film. Each passing vehicle along Gretton Brook Rd is causing a mud spray to be thrown up. The wheel wash is not doing a great deal to help and I commented on its inadequacy last year and subsequent [illegible] on site to improve its performance have not really seen improvement. I am extremely disappointed by the situation."

On 1 November 1996 there was a disciplinary hearing with regard to charges against Mr Cropley. Mr Webster presented the case against him under two main headings relating to alleged poor management judgement in awarding work to a personal friend said to be at favourable rates and what was said to be ineffective management of the section. The Chief Executive following this hearing issued Mr Cropley with a final warning for employment purposes.

From September 1996 onwards, the Mills Road Phase IV Scheme was progressing which involved the excavation of contaminated material and its deposition at Deene Quarry.

On 18 November 1996, Dr Smith advised Mr Bosence that the material identified in trial pits W and Y should be taken to a properly licensed facility (as opposed to Deene Quarry which could not accept contaminated material of that type).

On 24 November 1996, Mr Ibbotson wrote to Mr Webster in relation to these stockpiles of material which still remained in the Deene Quarry somewhere near the Gretton Brook Road entrance. He wrote:

“…it is my opinion that a number of matters require attention regarding the Council's activities. In making the following observations I also referred to the site licence as issued for the tip by Northamptonshire County Council:

1)

Stockpiling of graded material in the Quarry, originating from the Banks Site, would appear to be in breach of the Planning Permission. The recycling of materials on the site appears to be in breach of the site licence conditions.

These matters require resolving with the Planning Department of the County Council and Claire Pool of the Environment Agency.

2)

Waste from the Soothills Site should be deposited in containment cells in the Quarry. The design of the containment cells is detailed in the licence conditions for the tip. It would appear that modifications have been made to the design, agreed verbally with EA, and subsequently implemented on site. Such modifications should be confirmed in writing and a working plan of the licence altered accordingly…

4)

Haul roads on the site should be constructed of inert fill...

7)

The Council's interest, in my opinion, would be best served by the provision of a full time supervising officer in the quarry to ensure that the various records are being kept and that the tipping operation is being undertaken in a professional manner and to the correct specification. The

supervising officer should be WAMITAB approved.

8)

The site licence specifies that a notice board should be located at the entrance to the tip with the operator's emergency telephone numbers displayed, together with EA's emergency number. This matter requires attention.

9)

The contaminated tip requires fencing and the site licence specifies that the fence should be of a security type, 1.8m high surmounted with barbed wire. It is my opinion that the restored tip only requires a token fence, ie. Wood post and barbed wire type. This should be resolved with EA and the necessary modification to the licence made if they are in agreement. Otherwise the full specification fence as stated in the licence should be erected.”

This suggests that the supervision being provided by Messrs Ibbotson and Buckland between them did not amount to the full time supervision recommended by him. In any event, the advice was not followed.

The Environment Agency inspection report of 27 November 1996 again records that site roads were very muddy and that some mud was getting on to Shelton Road which suggests that this entrance was now being used.

On 28 November 1996, the Environment Agency informed CBC that it was willing to extend the area within licence C 20 on which the approved Soothills waste could be deposited. That was an Area C to the north of the earlier area permitted for the deposit of Soothills waste.

In December 1996, Dr Smith's firm produced a "Validation Survey" of the Rolling Mills Earthworks Phase IV works. It described the work which had been done:

“2.2

Two site investigations were carried out prior to reclamation… they established that the site was mantled by a deposit of ‘oversite fill’ ranging generally from 1.5 to 2 m in thickness and consisting of ash, slag, refractories, rubble, ballast etc. The oversite fill overlay natural ground in the north-eastern corner of the site, and quarry backfill (chiefly quarry overburden-sand & clay) over the rest of the site. The report recommended that the oversite fill should be removed prior to redevelopment and that the void should be backfilled with suitable imported materials.

2.3

A contract was let by [CBC] … to break out old foundations and underground chambers, where practical; to remove the contaminated oversite fill; and to backfill compact imported stone. The contaminated soils were landfilled at the Council's own site at Deene Quarry...”

At the same time, the firm produced a Summary of Contamination results for this particular site, which does not seem to have been done for any of the other sites to date. It usefully described its former uses:

“1.3

The particular operations carried out on our particular portion of the mills appear to have been associated to a large extent with "soaking". This is the process whereby large ingots are reheated, prior to rolling, in very large pits (the "soaking pits"), lined with refractories and heated by burning waste gas - probably blast furnace gas. Once the ingots had attained the required temperature, they would be lifted out by massive cranes onto the rolls. The soaking pits were associated with underground flues that carried the hot blast from gas burners, and there was also a substantial chimney to carry off the exhaust. The northern part of our site, outside the mill building, was occupied by rail sidings.

1.4

During demolition of many of the works structures in the 1980s, overhead blast furnace gas mains were dismantled by scrap contractors on the open sidings, and gas main deposits and condensates, including ferricyanide wastes and organo-sulphur compounds-some of which smouldered on exposure to air-were spread around. Similarly, the removal and break-up of the mill machinery from inside the buildings resulted in the release of large amounts of oil, adding to the already widespread oil contamination that had resulted from some 45 years of continuous heavy engineering.”

Under the heading “Site Investigations”, the Summary report provides useful information not only about the particular site but also about the approach adopted by CBC and its consultants to many of the sites:

“2.1

The area was included within the boundary of an investigation entitled 'Electric Furnace Plant', that we supervised on behalf of Corby District Council in 1986…This report concluded that:-

a)

"The random deposits of waste contain sludges from the lime neutralization of steel pickling acids. Oily gas-line condensates are also present in smaller quantities. All the deposits should be removed prior to redevelopment".

b)

Soil analyses ranged from acidic to highly alkaline (pH 11.1), soluble sulphates were high, and Class 4 concrete (sulphate resistant), was recommended.

c)

High concentrations of zinc, in particular, were found in the soils and ranged up to 1,558 mg/kg.

2.2

A more detailed investigation was carried out in 1994, as part of the Exchange Sidings project (Ref 2), although the mill itself was still not included.

The report states that the site was blanketed by a mantle of iron & steelworks wastes consisting of ash, slag, refractories, ballast, rubble etc. of variable thickness and visibly oily in places, overlying natural ground to the north of the old quarry face, or opencast backfill to the south of the face. The opencast backfill and the natural soils were judged to be relatively inert.

The oversite fill was found to be chemically contaminated with arsenic (up to 262 mg/kg), cadmium (up to 23 mg/kg), lead (up to 2,655 mg/kg), zinc (up to 6,742 mg/kg), and toluene extractable matter (eg. oils and tars) which ranged up to 1.5%. The pH value of the oversite soils ranged from 2.3 to 11.1. Acidic conditions, where encountered, generally extended down from the oversite fill into the underlying strata. Significant amounts of free calcium oxide and magnesium oxide was found, associated with the presence of steel slag and possibly from basic refractories. A particular feature of the results was their extreme variability across the site, from pit to pit, reflecting the inhomogeneous nature of the oversite fill and the presence of many localized point sources of contamination (eg. isolated spillages and dumping of wastes during the works history).

Groundwater was found to be contaminated with ammonia, chloride, and cyanide, with traces of phenols.

The report concluded that the oversite fill could be unstable in the long term as a result of the presence of free lime and magnesia in the slags/refractories; and that contamination-unless remediated-would place constraints on the development of the site. Not stated, but implied, was that the contamination of groundwater was resulting from downward percolation of leachate from the oversite fill. The report recommended removal of the oversite fill prior to development…

2.3

Examination of the derelict remains of the mills buildings themselves, here and on the adjoining Phase III site, revealed that very deep machine pits and the soaking pits had been loosely backfilled with demolition rubble; directly on top of thick deposits of oily residues and sludges in the case of the machine pits. Experience from reclamation of the remainder of the mills indicated the likelihood of some asbestos contamination within this backfill. The council has reclaimed a huge area of the former steelworks over the last 15 years. Based upon the experience gained from that programme, and on the requirements of the various regulators, and of potential developers, it was agreed that the most appropriate strategy was - as recommended in the s.i. reports-to remove the contaminated oversite fill; then excavate the contaminated backfilled debris and sludges from the various pits; break out any voids etc; and remove the contaminated materials to the Council's own licensed landfill at Deene Quarry; then to backfill the site with clean imported fill to an appropriate geotechnical specification.”

The Summary concluded that some 48,000 m3 had been removed and that there had been extensive contamination. Of some interest is that high toluene extractable material, nickel and other materials were found on this remediation contract whilst only low cadmium was found at this stage (up to 2.5 mg/kg) although significantly higher levels (up to 23 mg/kg) had been found than in the earlier investigation.

On 2 December 1996, Mr Webster belatedly submitted to the Environment Agency CBC’s volume of material returns for July, August and September 1996 respectively 22,440, 36,522, and 45,800 cubic metres being deposited.

On 6 December 1996, the Environment Agency extended the C20 licence to cover the further Area C at Deene Quarry. Once filled it was to be capped with a geotextile membrane.

An internal CBC council document dated 18 December 1996 states that at Soothills:

“During excavation of the 15m high hills of soot a solid mass of cemented silica slag, amounting to approximately 13,000m3 was encountered. Previous boreholes in the area had indicated obstructions encountered at 6m depth which were assumed to be isolated steel ingots and small nodules of hardened slag. The breaking out of this solid mound has proved to be a major task, hard dig with pneumatic heavy breakers.”

There was discussion in December 1996 about the continued engagement of Mr Ibbotson. A “Pre-meeting” paper on this subject was dated 20 December 1996:

“Background

Since 1980, the Consultant Engineers, R C Ibbotson Ltd., have been employed by the Council to assist in designing and implementing schemes for the reclamation of the former steel works area. The design and administering of individual schemes has generally been handled by Mr Ibbotson himself, with his site representative being a Mr J Buckland. A detailed contract was drawn up between the Consultant and the Council, specifying the terms and conditions of appointment.

On 8 January 1997, HM Customs & Excise decided that CBC had secured an exemption for landfill tax. In its letter to CBC, it refers to the fact that CBC had claimed that 300,000 and 40,000 tonnes had been deposited on Deene Quarry from the Soothills and Heavy Rolling Mills sites respectively.

Mr Larter who was a senior CBC employee involved from time to time in the reclamation works provided a statement (probably to Mr McGrenaghan) on 16 January 1997 which sheds some light on what happened on Toxic Ponds 5 and 6:

“My recollection regarding my involvement with the Toxic ponds Contract No.70 is of discussions with the Principal Project Engineer M. Palmer in late 1992 regarding the health and safety requirements of the specification and a final agreed set of paragraphs regarding health and safety of employees placed in the Contract 70 Instructions to Tenderers, item 122 Safety requirements due to chemical hazard (1- 39).

I visited the site of operations at Gretton Brook Road in November 1992 with Mark Boscence Engineer to view operations at commencement of Contract and recall raising issues with the Engineer in charge M. Palmer about standards of safety for CBC employees and the fact that certain requirements of the safety method statement provided by the contractors

were not being met. These issues were addressed.

During the Spring of 1993 I received complaints from employees of CBC concerning operations at the Toxic pond site not complying with the requirements of the method Statement. I visited the site at Gretton Brook road and was concerned the safety [sic] of various operations and requested the attendance of the Contractors (Weldon Plant's) Safety officer.

I raised complaints regarding welfare facilities for employees and site workers and in particular regarding the emergency shower, washing, drinking and eating facilities. I also raised concerns regarding:

• Site vehicles leaving the site without proper wheel washing and the possible contamination of the Gretton Brook watercourse.

• The site boundary fencing

• The on site haul road was affected by spillage.

These complaints were given as a verbal report

My normal approach to deal with on site safety issues is to make clear to the responsible person (The Principal Engineer M. Palmer) the standards required (which at that time was compliance with the safety method statement provided by the Contractor) and this would be followed up with a further site visit to identify compliance. Failures to comply with the Method Statement at this point would be followed by a written report to the person responsible with a copy to the Director responsible for the Department concerned. No written report was sent which leads me to the conclusion that I considered that adequate action was taken at the time.”

On 21 January 1997, CBC replied to HM Customs & Excise to the effect that some 33,000 and 244,500 tonnes of material had been deposited at Deene Quarry from Mills Road and Soothills which had been rounded up to 40,000 to 300,000 tonnes respectively.

An Environmental Agency inspection report of 22 January 1997 describes the state of the site roads internally at Deene Quarry as “appalling” and refers to then fact that stockpiled materials at the Deene Quarry were being taken away and transported elsewhere. Mr Bosence said in evidence that he agreed that the public roads were covered in mud and sludge and dust throughout his time on the Soothills project.

The Legal Officer of CBC produced a report as to what had been going on at Deene Quarry over the years in January 1997. He set out details of the contracts with Mr Ibbotson (20 May 1981 (General agreement), 1 November 1983 (Soothills, Sootbanks and BOS), and 31 December 1985 (Tipping areas and Heavy Rolling Mills). The report recorded the contracts entered into relating to Deene Quarry in which Mr Ibbotson was involved:

“1.

Agreement made with Pipeline Constructors Limited dated 16 March, 1987,…Reclamation Toxic Waste Pond Water Disposal "Engineer" Community and Technical Services Officer

The report went on to identify what work, which was to have been done by Mr Ibbotson, had been done by CBC:

“Comments

In January 1997, CBC commissioned Aspen Burrow Crocker Ltd, consulting engineers to review events on a number of the reclamation contracts. They attended with Mr McGrenaghan a meeting about the Willowbrook contract with Weldon Plant on 23 January 1997 to this end.

Mr McGrenaghan conducted a site visit on 24 January 1997 and recorded what he saw in a memorandum of 27 January 1997:

“Arising from your memorandum of 22 January 1997 I conducted a site visit on Friday 24 January 1997 and would inform you of the following:-

On 28 January 1997, Mr Palmer was dismissed by CBC following a further hearing on 22 January 1997. The letter from the Chief Executive sent a copy of a report about this and the dismissal was expressed to be on the grounds of “gross misconduct and irredeemable incapability”. There was no challenge or reference to any employment tribunal. The report findings were:

“Findings

I shall deal first of all with the matters deferred from the previous disciplinary hearing pending further investigations.

This report coupled with my views of the evidence in numerous other respects leads me to the conclusions that Mr Palmer simply was not qualified or experienced enough to be involved in a senior engineer role on any material part of the reclamations carried out by CBC at the old BSC site.

The Environment Agency inspection report for 28 January 1997 reveals that the large stockpiles of contaminated material which had been left at Deene Quarry were now being removed “in large quantities”. The inspector recorded that it would be “highly unsuitable” for this to be deposited elsewhere. He recorded that this removal was a breach of the licence and caused him concern for “potential pollution” elsewhere. Removal continued as reported by the inspector on 5 February 1997. This removal was done with the knowledge and concurrence of CBC and it involved putting back in lorries contaminated material for carriage on the public roads. This work was not obviously supervised by CBC.

It is clear from a letter dated 30 January 1997 from the Environment Agency to Noone & McGowan that the latter had taken some material from Soothills to another site altogether.

Throughout the period of the Soothills contract lorries were sampled broadly on the basis agreed with the Environment Agency. Dr Smith reported for example on this in a letter dated 4 February 1997. Mr Buckland who was supposed to be supervising the work had his site hut at the Gretton Brook Road entrance although since about September or October 1996 most of the Soothills load were coming in from the Shelton Road entrance.

On 7 February 1997, CBC dismissed Mr Cropley on grounds of “gross misconduct”. He did not challenge his dismissal. The disciplinary report findings dated 6 February1997 were:

“For ease of reference I will incorporate here where appropriate findings arising from the October hearing in addition to my findings based on the evidence before me in this hearing…

a)

Failure to provide effective management of the contract in accordance with the conditions of contract and in contravention of the job description.

b)

Failure to exercise supervision of staff in accordance with the requirements of the job description.

In the previous hearing I found that management was inadequate when judged against what would normally be expected. However there were mitigating factors. At that time I also found that there was no evidence that the Council had been disadvantaged as a result of the shortcomings. That no longer remains the case. The Council has clearly been disadvantaged in having paid for materials which were not received on site A. Whilst it may be true that this can be rectified through negotiations on the final account there is no getting away from the fact that the payment has already been made and it should not have been. Having regard to the general state of records and management of the contract there must, in my view, be a risk that this matter would not have been picked up at the final account stage had it not been for these proceedings.

On 12 February 1997, the Environment Agency inspector recorded that contaminated material was being used to repair a haul road at Deene Quarry and as a base for a site office. That led to Noone & McGowan being written to by Mr Ibbotson on 13 February 1997:

“I have been requested by Corby Borough Council to point out that the stockpiles of slag material located in Deene Quarry, originating from the Soot Hill Site, must not be used without the prior permission of the Environment Agency. Hence this material should not be used on the site or removed from Deene Quarry Tip without obtaining such permissions.

This matter has been the subject of previous correspondence with yourselves and Corby Borough Council and supplemented by telephone conversations.

It is my understanding that the Agency has now undertaken some tests on the material and from the results have concluded that the slag must be defined as a classified waste from henceforth.

I would respectfully point out that contrary to previous instructions some slag material has been used for haul road maintenance within the quarry complex on 12 February 1997. This occurrence must not be repeated without obtaining the necessary consents from the Agency.

Your co-operation in complying with the Agency's request is sought…”

Slags and other waste materials had been used as hardcore for access roads from the start on the Soothills project.

In this context, after contacting the Environment Agency, Mr Ibbotson wrote to Mr Webster at CBC on 17 February 1997:

“Following our recent meeting last week and our telephone conversation on Thursday 13 February 1997, I wish to confirm a number of points, and also inform you of my discussions with the Officers from the Environment Agency.

1)

The Agency has now received the results of the tests on the various samples of stockpiled slag on the Deene Quarry Site. From the information gained the material is well above threshold levels with regard to arsenic and sulphate, hence the material is to be defined as a "Difficult Waste" Category F None Special, and must not therefore be used on the site or removed from the site.

2)

The degree of contamination is much greater than the information previously given to me by Noones based on their own test results.

3)

The Environment Agency is of the opinion that the stockpiles of material should be deposited in the Contaminated Tip Facility and covered over with the cap. This also includes the uplifting of the haul road across the site and depositing this material also in the facility. This will be subject to a formal decision by the EA, however, it is my opinion that the necessary steps may be taken to obtain prices from Noones for repositioning of the slag deposits. English Partnerships may also be contacted regarding the funding implications.

4)

The Environment Agency is also requesting a validation survey to be undertaken in the stockpile area when the deposits have been removed. This is to prove to them that there is no contamination left in the area. The validation survey will also apply to the haul road route. This procedure will be an important part of the surrender of the tip licence.

5)

In connection with the use of the slag on the haul road maintenance last week by Noones, I enclose for your file copies of the two letters which are self explanatory.

6)

At the present time Noones are importing subsoil material from the Kettering site for restoration purposes.

7)

The Environment Agency is certainly looking closely at the various sites where Noones have used the slag and it may come to pass that the slag will have to be removed from these sites. The EA is in discussions with Noones at the present time on the subject.

If the material has to be taken to a licensed tip for disposal, should Deene Quarry be considered?

8)

I have made the necessary arrangements for the additional cover to be on site to accommodate the hours working by Noones, including Saturdays.”

On 20 February 1997, the work at Soothills was described as 90% complete at a LRCG meeting on that date. Mr Bosence described Deene Quarry as a “free-for-all that anyone could come and tip from wherever”; he said that the gates were always wide open and there was no control over that aspect of access to the quarry areas. He described the haul road from the Shelton Road as having lots of dust everywhere, so much so that he would stay in his Landrover when visiting. As the wheel wash had been placed at the Gretton Brook Road entrance to Deene Quarry, and as the large bulk of the Soothills material had entered Deene Quarry by the Shelton Road entrance, it is clear that for the large amount of lorries carrying contaminated material from Soothills were not subject to effective wheelwashing and thus contaminated material from Soothills will have found itself deposited on to public roads.

Noone & McGowan wrote on 23 February to the Environment Agency:

“With regard to material removed from Deene Quarry, location purpose and quantities as follows

1)

Darwin Road, Maxim Logistix development, approx 500 tonnes used to make up levels beneath lorry park areas.

2)

Kettering Leisure park complex, approx 600 tonnes used to form haul roads for access to site.

3)

In addition to this some 2000 tonnes was taken from Soothills and used to form haul roads within the Deene Quarry facility.

4)

A further 200 tonnes was taken directly from Soothills site as used to make up levels below subbase to parking areas on various parking schemes for Corby Borough Council.”

It is inconceivable that this occurred without the knowledge of CBC officers.

In March 1997, Aspen Burrow Crocker submitted its report. It had been appointed by the Principal Auditor, Mr McGrenaghan who was undertaking a final audit of the various contracts carried out by Weldon Plant at Willowbrook. Its conclusions are contained in Paragraph 13:

Up to early March 1997, Noone & McGowan had imported to Deene Quarry some 15,000 m³ of material, probably of a clay nature to provide capping and cover at the quarry.

On 5 March 1997 are the first "Advice and Waste Transfer Notes" to appear in the documents put before the court. They record the loads and quantities of wastes being transferred; they are signed by the driver and by the person at the gate of the requisite landfill site. Those in the court bundle at 5 March appear to relate to another landfill site in Wellingborough. As Mr Bosence effectively said in evidence, no waste transfer notes were used for the Soothills operation; if there had been any he would have known about them.

On 10 March 1997, Mr Ibbotson wrote to Mr Webster at CBC concerning the fact that CBC had, apparently without his knowledge, arranged for the tipping of volumes of material into the old Candy Filter Ponds; this material he thought had come from two other sites. There seem to have been no records kept about this arrangement.

On 12 March 1997, Mr Ibbotson wrote again to Mr Webster about the need to excavate and transport to a suitable tip 4020 m³ " of a dry slurry based product". This advice seems to have been ignored.

On 13 March 1997, the Environment Agency inspection report recorded that the Soothills stockpiles were still on the Deene Quarry site. By late March 1997 at least some of this material was being taken to the tip to which the Soothills material continued to be taken. The inspection report of 1 April 1997 records that "on-site movement of Soothills slag material using dump [trucks] is generating a serious and dust problem". Another inspection report of 29 April 1997 indicates that there was still a large stockpile which should have been "gone" by then.

On 14 March 1997 Mr Larter of CBC, the Safety Advisor, signed a statement relating to Contract 70 (Toxic Ponds 5 and 6) in which he said that he had raised concerns regarding site vehicles leaving the site without proper wheel washing and the possible contamination of the Gretton Brook watercourse, the site boundary fencing and the on-site haul road being affected by spillage.

Mr W. Wood, a Senior Technical Assistant working for CBC, signed a statement dated 2 April 1997. He said:

“…Early in 1996 I was aware of the decision to remove the material deposits at the site known as the ‘Soothills’…

…On 20 March 1996 I reported to my supervisor my concerns at the possible high levels of chemical contamination of the material and discussed methods of abatement of particulate matter entering the atmosphere following removal…”

On 8 April 1997, Mr Watson, the CBC Legal Officer, wrote to the Chief Executive passing on information that Mr Palmer had informed Mr Bosence that contaminated material from a site in Northampton was to be deposited in the contaminated tip at Deene Quarry. It was believed that this contaminated material was from the Sixfields site.

The LRCG meeting of 29 April 1997 reported that the Soothills project was still proceeding. As Mr Ibbotson's letter of 15 May 1997 to Mr Webster indicates, Soothills material was still being delivered at that time.

On 30 April 1997, in a memorandum to the Director of Development Services, Mr Watson expressed the view that "the manner in which Messrs Cropley and Palmer administered [the Willowbrook contracts] can only be described as a complete and utter shambles”.

Mr Buckland’s notes indicate that Noone & McGowan continued work at Deene Quarry until about June 1997.

Mr McGrenaghan, Mr Bosence and Mr Watson attended a meeting on 9 June 1997 with the North Lincolnshire Council arising out of concerns about Mr Ibbotson and Mr Buckland. That Council was not happy about Mr Ibbotson's standard of work, amongst other matters. Another concern was that Mr Buckland during this period, so far as salaries were concerned, appeared to have been working full-time for both councils.

By June 1997, the police were investigating the activities of a number of people involved with the reclamation sites at Corby.

Unilaterally, and without any warning, on 26 June 1997 CBC gave Mr Ibbotson notice terminating his May 1981 agreement. No reasons were given. Mr Ibbotson was clearly extremely upset by this action. He did go and see the acting Chief Executive and Mr Watson to be given the letter; the former said to him words to the effect “you are not qualified in land reclamation” and his answer was “no, my forte is highways”. This evidence was given by Mr Watson and I accept it; Mr Watson had contacted the Institution of Civil Engineers to be told that Mr Ibbotson was not a qualified engineer.

Capping and restoration works proceeded into July 1997 and, at a meeting attended by various Environment Agency and CBC representatives, it was pointed out that material from the stockpile which had come from Soothills was being used for the restoration layer above the cap at Deene Quarry. A screen was required because there were rocks in it. On 6 August 1997, the Environment Agency inspection report states that the Deene Quarry site was secure and works were complete.

On 8 October 1997, the Environment Agency inspection report records that "fly-tipping to Shelton Road now worse than ever”, albeit that one week later it was reported that this was being addressed.

CBC had called in Ove Arup to investigate and report upon a number of sites including Willowbrook, the Toxic Ponds and Deene Quarry. On 3 March 1998 Ove Arup produced a document entitled "Responses to Outline Brief" which confirmed that Willowbrook Area A was "still contaminated". They advised CBC in May 1998 that additional works were required at the Area A site. They went on to say:

“We are therefore duty bound to inform you that the area of exposed steelworks slurry on the site should at the very least be securely fenced off to ensure that the risk to human health from contact with the slurry is minimise.”

By March 1999, some people in and around Corby were becoming concerned about the planning implications of the application for planning permission for a new motor speedway, to be called the Rockingham Speedway, in the North East quarter of the Deene Quarry site which had been sold by CBC sometime earlier to a private organisation. Local people were concerned about reports of the deposit of toxic waste onto this site over the years. The directors of Rockingham Speedway emphasised in a press statement of 12 March 1999 that the former tip area was not a part of its racing circuit or on land owned by it.

Mr Larter seems to have been very active in writing letters at a time, albeit from his private address in Peterborough. For instance on 16 March 1999, he wrote to the HSE in these terms:

“During the period 1992 to 1997 this site was subject to Corby Borough Council contract 70 to clear the Toxic Ponds and place the contents in the containment cell. The work carried out over this period was extremely badly managed both by CBC it's Consultant Engineer and the Contractors carrying out the process.

The Contractor carried waste materials from the toxic ponds to the new containment cell as a wet sludge/slurry made worse by an influx of water into the Ponds from a breached wall in one of the Ponds. It was carried in open backed vehicles across the site. Contaminated water and sludge was slopped onto the path and temporary roadways. The temporary roadways became so wet that vehicles began taking alternative route across the site to avoid being bogged down. This caused the contaminated waste to be spread even further around the site. Initially there was no proper vehicle wash on leaving the site and the Contractors vehicles would travel through Corby and Earlstree estate spilling waste from wheels etc…”

He confirmed that he had been employed by CBC as safety advisor from December 1987 to February 1998.

On 11 April 1999, the Sunday Times published a story at about birth defects and a possible connection to waste sites in Corby. The article reported that it had "uncovered four instances of limb deformities close to the dump in Corby" said elsewhere in the article to be "one of Britain's most notorious toxic waste dumps." At least three of the current claimants were referred to. This led to a number of other articles in other newspapers.

CBC liaised with the Northants Health Authority, in particular Dr Morgan. A meeting was held on 14 April 1999 to share information and to adopt a way forward by agreement. They agreed to issue jointly a press statement at the end of the meeting which they did.

Thus it was that the Health Authority arranged for its epidemiological study issued in 2000 by Drs Olivier and Morgan. This considered the comparable birth defects between children born to mothers in Corby in the period 1989 to 1998 and those born to mothers elsewhere in the Kettering Health Authority area. There continued to be close liaison between CBC and the Health Authority over the following 12 months.

Dr Smith's firm was retained by Rockingham Motor Speedway to investigate the landfill repository containing the Soothills Material at Deene Quarry. The requisite report is dated August 1999. A substantial amount of slag was found in many of the trial pits. It was clear that the Speedway development would lead to the need to relocate some of the contaminated material. This work seems to have taken place at least in part in the last few months of 1999; it was completed by about July 2000. Dr Smith reported in October 2000 to his commercial client that 8000 m³ of Soothills wastes and 9000 m³ of pre-1996 to materials had been excavated from the track area and relocated.

In February 2000, the Health Authority issued the Olivier and Morgan report which concluded that they had found “no evidence of a cluster of deformities"

The Rockingham Speedway development proceeded from 2000 onwards. It was regularly monitored by Dr Smith's firm for gas and water pollution.

A number of other developers considered the Soothills site for development purposes but concluded that it was not viable.

In January 2002 Mr Warren issue a draft "Report in the Public Interest" as part of his District Audit function. It recorded that the Crown Prosecution Service had decided in late 2000 not to prosecute anybody in connection with the management of reclamation contracts entered into by CBC. Paragraph 7 indicated that he had identified "widespread and systematic weaknesses in the arrangements which the Council put in place to award and manage the contracts for the decontamination of derelict land.” He refers to CBC's "cavalier attitude to the administration of contracts".

In October 2002 he issued his final report. His overall conclusion at Paragraph 7 was:

“I have identified widespread and systemic weaknesses in the arrangements which the Council put in place to award and manage the contracts for the decontamination of derelict land. Whilst I am unable to prove any specific loss to public funds, the Council's arrangements were not such that it could demonstrate that best value for money was secured. Moreover, the arrangements were not such as to demonstrate adherence to the highest standards of probity and governance which is to be expected in the application of public funds. The Council has subsequently taken action to improve the management of contracts that much work remains to be done."

Elsewhere, at Paragraph 21 onwards in relation to the "Specification of Works", he says:

“21.

In order to comply with the terms of the grant funding, a detailed specification was required from which the budget could be established and against which the scheme could be appraised and monitored. The Council required specialist skills, not only for drawing up the necessary specifications but also in assessing the method statements to ensure safe working practices. None of the engineering staff had professional experience in toxic waste disposal. The Council commissioned reports from specialist consultants to identify the nature of the contaminants at particular sites. The Council also employed a consultant engineer on a contract basis. However, in most cases, it appears that specialist professional advice was not thought in drawing up the specifications.

22.

The reclamation programme at Corby was unique in the size and scale of works proposed. While the Council established a Reclamation Group within the Engineering Department, the Group was not appropriately staffed and was under pressure from both the Council and the Department of Environment to progress the programme within the planned financial years.

23.

The failure to specify reclamation works to be done accurately was widespread…

24.

As a result of the failure to specify works to be done either accurately or comprehensively, there is little confidence that works included in the specifications actually needed to be done. Moreover, there was limited control over additional works which had been omitted from the specifications, the need which became apparent after work commenced”

At least one of the Claimants commenced proceedings against CBC in the early 2004. In February 2006, the Group Litigation Order was made. In November 2007, the case was transferred to the Technology and Construction Court. As a case which undoubtedly involves exceptionally complex and detailed issues, many of which needed expert evidence, and issues relating to a reclamation which took place over some 19 years, this court was thought to be the proper forum for the Group issues trial.

In this part of the judgement, I will consider those projects undertaken by CBC on the site which they acquired from BSC and the contracts relating to them. So far as contracts are concerned, the parties have been unable to provide the Court with some of the contracts. So far as can be ascertained, only incomplete copies of contract documentation had been provided. For instance, very few of the civil engineering construction Contract Drawings have been provided; generally either no or incomplete copies of the Bills of Quantities have been provided. Only a few extracts of final accounts were provided. I say that not by way of criticism given the lapse of time and the loss of numerous documents but what this means is that the Court must do the best it can on the evidence available to it. There is no doubt, I infer, given the CBC Standing Orders and what was at least it is common practice in relation to the reclamation, that contracts and usually formal contracts were entered into between CBC and the various civil engineering and demolition contractors which it engaged between about 1982 or 1983 and 1997.

In the preceding part of this judgement, a substantial number of the projects have been referred to, sometimes in some detail. I will seek not unnecessarily to repeat the detail in this part of the judgement. There will be some overlap as several site investigations covered different areas to those which I have grouped together.

Some of the engineering reports in the Court papers are incomplete; very few show locations where boreholes and trial pits or trenches were drilled or dug. It seems clear that CBC had access not only to the reports which they commissioned but also to reports prepared by CNT and other actual or potential purchasers of sites being sold or developed by CBC. CBC and its independent engineers were also provided with copies of geotechnical and chemical information from BSC, much of which is no longer available albeit referred to in some of the reports.

CBC acquired the site which included the Heavy End in the spring of 1981. The site acquired was some 254 acres and comprised the Blast Furnace site, Ore preparation and handling areas, Glebe and Deene Coke Oven sites and associated chemical plants, plants, railway sidings, expansion land, settling ponds, ancillary buildings and access roads thereto. The Willowbrook South area comprised the area to the south of what became Steel Road and included the BOS plant, the Heavy Rolling Mills, Bessemer and Electric Furnace areas, Bells Yard and Morgan Mill. This site was acquired by CBC in about 1985, although elements of it may have been acquired before..

Over 1981 and 1982, BSC used demolition contractors to demolish the superstructures of some of these buildings, including the Blast Furnaces.

By July 1982 the Glebe and Deene Coke Oven superstructures had been cleared (the latter being on the Willowbrook North area) so that Norwest Holst Soil Engineering Ltd was able on CBC’s instructions to carry out a site investigation of those areas between July and September 1982. 83 boreholes supplemented by 45 trial pits and trenches were carried out over a site which one can estimate to be some 150 acres approximately. Heavily contaminated ground was found at the Coke Oven areas and various "settlement" lagoons were found. BSC carried out in September 1982 some analysis of samples from the two Oven sites and it reported that the zinc, lead and cadmium levels in soil samples were low. Water samples were however said to be "heavily polluted with products of the former Coke oven by product operations". The Norwest Holst report dated 8 November 1982 was primarily related to determining the suitability of the sites for development.

Apart from one fencing contract, the first important contract was dated 28 January 1983 between CBC and Noone and McGowan Ltd which related to the construction of the Earlstrees to Weldon Link Road Phase 1. This was in effect the first part of the connection between the village of Weldon and the Earlstrees area and comprised eventually Steel Road and Phoenix Parkway. No site investigation was done by CBC. There can be no doubt that this will have involved excavation and removal of material from sites which must have been contaminated generally by BSC and its predecessors over the years. Phase 1 appears from a letter dated 28 February 1983 to CBC from the Departments of the Environment and Transport to have involved some £500,000-600,000. Phase 2 involved some £200,000 and this was the subject of a contract between CBC and Braithwaite Contracting Ltd on 23 March 1983. The same letter identifies demolition tenders in the Iron Making Plant, Deene Coke Ovens and Coke Ovens and By-product areas totalling some £1.45m. The letter indicated also that the material from the demolition would be taken to Deene Quarry with the haulage, haul road and tip maintenance estimated to cost some of £150,000. The tendered cost of the proposed Glebe Coke Ovens and By-products plant area was £1.159m, and most of which was demolition and earthworks.

It is clear that by March 1983 substantial demolition works were proceding pursuant to various contracts with CBC and contractors. BSC wrote to Mr Ibbotson on 25 March 1983 about the placing of excavated materials in Deene Quarry; the text is set out above.

Soils Engineering Ltd’s site investigation in early 1983 for CBC related to the Western end of the Heavy End, mostly to the Blast Furnaces area of some 30 acres and 28 boreholes were sunk. Boreholes revealed ground consisting largely of backfilled ironstone workings, furnace slag, brick, metal and timber. Sub- grades were said in the May 1983 report to be likely to comprise extensive areas of this material which would include flue dusts. Limited chemical tests were done and the primary purpose was to consider the suitability of the ground for foundations and the like. This report, which was the first commissioned by CBC, was produced after reclamation works had started at the Heavy End.

A Special Meeting took place on 9 January 1994 between CBC, W S Atkins (including Mr Barry) and Noone and McGowan in connection with the Heavy End Phase 1 which was about to be let to the contractor for a contract sum of over £500,000. This involved substantial earthworks. The meeting had been called "to discuss safe working practices in ground that is probably chemically contaminated." Work started very shortly thereafter and the formal contracts were signed in April 1994.

In February 1984 Mr Barry of WS Atkins produced for CBC a report entitled "Recommendations for Chemical Investigation of Iron Making and BOS Plants Areas":

“1…Based on the knowledge of the previous uses of the areas in question, there is a fundamental need for properly investigating the existing chemical regimes on the site. There are likely to be a range of toxic and hazardous substances in the ground that are a legacy from the previous industrial processes and activities and which can affect a number of different targets in different ways:

-site workers can be affected by liquids, dusts, solids and gases;

-future site users could also be at risk albeit to a more modest degree;

-construction materials can be adversely affected;

-plant life can be adversely affected…

2.1

Site History

The Iron Making Plant comprised a number of features that are likely to have contaminated the ground to one degree or another, whether by virtue of the normal process activities or through demolition and site clearance operations. The principal items of plant or areas and their most likely associated contaminants are as follows:

Blast Furnace: Cyanide; heavy metals; Ammonia; Asbestos Sulphates and Chlorides

Sinter Plant: Chlorides (resulting from coke quenched by high chloride effluents)

Gas Cleaning Plant: Cyanides; Heavy Metals; Phenols; Ammonia;

Dorr Thickeners: Thiocyanate

Ore Crushing: Mineral oils

Ore beds: Heavy Metals

Power plant: Acids and alkalis

Introduction

Sampling Strategy

Chemical Analysis

Earlier in this judgement is reference to CBC engaging Exploration Associates to carry out a site investigation at the Iron Making Plant and the BOS plant areas in the spring of 1984. Part of their report involved a chemical investigation carried out by PPC Consultant Services. PPC analysed samples provided for amongst other elements Cadmium, Nickel and Toluene Extractable. PPC reported as follows:

“Total Cadmium

Little of ingested Cadmium enters the bloodstream, and once in the bloodstream it tends to accumulate in the liver and kidneys. Absorption of cadmium via the skin is negligible. Some cadmium salts are carcinogenic. Research at this stage is, however, inadequate to give a definite answer.

The main problem associated with cadmium is likely to be as a result of the inhalation of cadmium metal or oxide as fumes or dust…

The highest level of Cadmium was 2.03 mg/kg in samples numbered 52 and 53…

For general handling purposes associated with building work on the site, cadmium is not likely to be a problem, assuming adequate dust control measures are taken and there is no excessive dust arising…

Total Nickel

… The main problem results from the inhalation of certain nickel fumes and dusts, and some of which are carcinogenic…

The highest value of nickel was 64.68 mg/kg in sample number 49…

There is not likely to be any major problem in handling nickel contaminated soil (on the basis of the analyses carried out) during building operations at the site, assuming adequate dust control measures are taken…

4.1

The main problem which is likely to arise at the site will probably be as a result of dust or fumes. We recommend that the following precautions are taken (in addition to H&SE or other Regulations that may need to be complied with):

1)

Operators on site must wash their hands before eating food, to prevent the accidental ingestion of contaminated material...

(3)

Adequate dust control measures should be implemented to prevent inhalation of dust by site workers. Certain areas of the site have high concentrations of heavy metals and long-term inhalation of dust may result in heavy metal poisoning of site workers.

4)

Adequate dust control measures may be taken by spraying work areas, and other areas which are likely to produce dust, with water as required. Internal roads should be swept and sprayed frequently.

5)

Vehicles leaving the site may give rise to dust and may in addition carry material off-site. Adequate measures to be taken to prevent dust off site and contaminated soil being carried on to adjacent roads of site…”

There is nothing in the documentation which suggests that this advice was consciously heeded by CBC either for the works on these sites or later projects in connection with the reclamation. The advice, however reflects the very minimum which CBC should have been following from 1984 onwards and possibly even before.

Throughout 1984 contractors employed by CBC worked on the Sinter Plant and Blast Furnace demolition works, the road works (Phoenix Parkway and Steel Road) and on the old BOS Plant site. The reports of Mr Downey corroborate that amongst other documents.

Mr Ibbotson reported to CBC about the proposed purchase of the Heavy Rolling Mills and other associated areas in November 1984:

“The site of the land reclamation scheme is as shown on the attached plan and covers an area of 15.4 HA 38 Acres, and consists of the former Heavy Rolling Mills, Strip Mills, Bessemer and Electric Furnace Area and Morgan Mill, all of which form part of the now disused British Steel Corporation's Corby Steel Works. The site is located to the north of the Tube Works and is bounded to the north by the former B.O.S. Plant, and to the west by the former Iron Making Plant and the Glebe Coke Ovens.

Since the closure of this section of the Steel Works the site has become derelict and consequently meets the requirements of the D.O.E. Definition of Derelict Land, i.e. "Land so damaged by industrial or other development that it is incapable of beneficial use without treatment.

The reclamation of this part of the former plant would not only remove a major eyesore as viewed from the new industrial complex to the north, but would also provide valuable industrial land.

The proposed reclamation scheme will be carried out in two stages:-

(a)

The Engineering Works which consist of the demolition of all derelict buildings and structures, the grubbing up of mass concrete and reinforced concrete foundations, the demolition of tunnels and other structures below ground level, the infilling of voids, service diversion, construction of a new gable end to the Loco Shed, the erection of protective fencing and the installation of site drainage.

(b)

The Landscaping Works which will cover only a small part of the site and involve the cultivation and seeding of mounds to form a screen between the Tube Works and the proposed industrial areas.”

The BOS Phase 2 works contract was formally let in the late autumn of 1984 with the tender from TW Ward dated 21 November 1984 being accepted by early December; Phase 1 work had been proceeding earlier and included some road and service work. The Phase 2 work involved the excavation of the old foundations and the excavation and removal to within Deene Quarry of some 120,000 cubic metres of material. The contract price was over £900,000.

WS Atkins was asked to comment on the Exploration Associates Report referred to above. In a report dated January 1985, they reported their conclusion that the area was not “grossly contaminated and the greatest risks are likely to relate to isolated hotspots." There was however to be no particular care taken in the future to ascertain and deal with “hotspots”.

There was either included a separate contract for some further works which were referred to in correspondence as the "BOS Plant Outfall Sewer-Phase II” for instance in a letter dated 10 June 1985 from CBC to Mr Ibbotson; the works were due to start on 24 June. The same letter refers to Ward being instructed to complete excavation and removal of the electric furnace building foundations. It is unclear whether that work was part of the BOS Phase 2 works contract or a variation to it or by way of a new contract. The BOS Phase 1 works contract was also under way at this time because there was a site meeting on 20 June 1985 attended by CBC and that the contractors, Noone and McGowan.

Mr Downey reported chemical contamination on 28 March 1985 in the Glebe Coke Oven area which had already been partly cleared:

“Chemical Contamination

Trenching up the railway cutting (F19 - F14) has shown signs of chemical

contamination, gaseous, liquid or solids, however trenching for the laying of concrete storm pipes parallel to this line is showing slag hard cores and

rudimentary precautions should be taken here, (overalls and gloves).

As expected progress towards the site of the former Glebe Coke Works is

leading to areas of chemical concern. On Monday 25th March 1985 a deep and heavily polluted area was crossed which looks to be along the line of the old Willowbrook Central Stream - No gases were detected but considerable solid/liquid pollution in the former stream bed was observed, 5 x 3m approximately in cross-section and it must be assumed that this extends for some length down stream from the site of the old Oil Interceptor.(Samples sent for expeditious analysis to Bostock, Hill and Rigby).”

On 17 July 1985, CBC entered in to a contract with Shanks and McEwan (England) Ltd for the dismantling and demolition of the Heavy Rolling Mills Phase 1 works. This involved the demolition of the Mills buildings and structures. These works were started by 12 September 1985 when Mr Downey reported that the contractor was setting up the site office for “muck” shifting operations in the Deene Quarry area. Works were still proceeding on the BOS Plant Outfall Sewer Phase 2 works. On 18 September 1985, CBC entered into another contract with Shanks and McEwan for the "Reclamation Vehicle Crossing" works to take place at the southern end of Phoenix Parkway. In early October 1985 Mr Downey recorded Ward as "putting muckshifters onto heavy end and Poclain 300’s prior to muck shifting operations”. Earthmoving and other works continue to take place during October 1985 with the Phase 2 BOS sewer work proceeding throughout. Shanks and McEwan spent time also doing work at what was described as the "wet tipping area" in Deene Quarry. Mr Downey in his report for 15 November 1985 describes that contractor as "illegally tipping in Deene from BOS plant site, working wet tipping area" whilst on 19 November 1985 he records Ward as tipping in the eastern extremity of Deene Quarry.

There is no doubt that substantial earthmoving operations took place throughout 1985 in connection with the reclamation which involved not only excavating contaminated materials but transporting them partly on public roads and partly on private haul roads to Deene Quarry, more particularly the north-eastern sector of the site. For instance, WS Atkins wrote to CBC on 22 November 1985 noting that "considerable quantities of subsoil are currently being transported from the old Heavy End up to the dry tipping area east of the drum pond."

In February 1986, earthmoving was proceeding at the Sinter Plant, the Lloyds Road Intersection, the Phoenix Parkway area, the Heavy End and at the BOS Plant. Shanks and McEwan had also been engaged by CBC on what was referred to as the BSC Tipping Facilities Contract, which was formally signed on 15 September 1986; the work involved the formation of new tipping facilities for BSC on the part of Deene Quarry which BSC; the work included the excavation of settling lagoons, screening mounds and general earthworks. This also involved moving to elsewhere in Deene Quarry over 50,000 m³ of contaminated material. This proceeded through late 1985 until well into 1986 and involved a substantial earthmoving operation on the Deene Quarry site. No site investigation was done in this area. On 18 March 1986, CBC again retained Ward to carry out excavations of foundations at the Iron Making Plant.

Other road works contracts were let in 1986. For instance on 7 May 1996, CBC engaged Shanks and McEwan to carry out such work in the Sidings Area of the Heavy End. As from about this time, CBC employed contractors to construct a number of the lesser roads off Phoenix Parkway and Steel Road such as Darwin Road, Arkwright Road, Shelton Road and Culver Way. It is not easy from the statements and the documents to determine precisely when these roads went in; that may be because the names of the roads were not given until later.

In mid-1986, the Sinter Earthworks Phase 1 contract was let to Weldon Plant; that involved the excavation of some 350,000 m³ of material including concrete and disposing of it in Deene Quarry. This work was, I infer done over the following nine months. It was certainly proceeding in February 1987 when a complaint was made to them that they were pumping water from the excavations directly into the Phoenix Parkway sewer system

Contract 35 dated 27 October 1986 was between CBC and D Willettt and Company Ltd and involved the construction of another reclamation vehicle crossing, across Steel Road. Curver Way was constructed by this stage.

On Thursday, April 1987, the Heavy End Rolling Mills Phase 2 contract was let by CBC to Shanks and McEwan. There is no doubt that 1986 and 1987 were "heavy” years in the CBC reclamation history.

By January 1987 the Electric Furnace Plant had been demolished by CBC’s contractors. At that time Exploration Associates were instructed by CBC to undertake a geotechnical site investigation there, which was said to be approximately 20 acres. The report of May 1987 described at that stage a generally flat expanse with mounds of rubble and floor slabs associated with the original furnace buildings; in the north-eastern sector were existing railway sidings and underlying the majority of the site was a labyrinth of deep drains and cable ducts up to 7 metres below existing ground level. A chemical analysis was done and showed a maximum cadmium level of 13 mg/kg. This report is interesting because, so far as chemical contamination is concerned, its concentration was on the end use of the site:

“Given that the site will be developed for industrial warehouse units and is not intended to be used for gardens or allotments, the concentrations of all parameters analysed appear acceptable and not regarded as a hazard with regard to toxicity. The data has been assessed according to the guidelines set out by the ICRCL…”

There was no particular thought given to the need to protect the public during the actual demolition, excavation and haulage operation. This was not untypical of many of these site investigations.

Blasting at the Sinter Plant site took place in late February or early March 1987 as referred to by Mr Downey.

A letter from Mr Ibbotson dated 13 May 1987 to CBC establishes that the Sinter Plant Phase 1 and the Heavy Rolling Mills Phase 2 works were nearing completion. Works involving the moving of material on or across public roads continued in June as recorded in the site diary entries of 11 and 12 June 1987.

On 25 July 1987, CBC entered into a contract with Noone and McGowan for the BOS Plant Infrastructure Phase 1 works which involved the construction of some 1160 m of carriageway with some 17,384 m³ of excavation required. On 20 August 1987 the same parties entered into a further contract No 29 for the Glebe Roads work, which involved the construction of two culs de sac in the Heavy End area.

At a meeting on 22 October 1987 between Messrs Ibbotson, Buckland, Palmer and Downey, it was clear that contaminated material from the South Willowbrook area was still being taken from there to Deene Quarry. This is borne out by a record on 25 November 1987; there was mud on the public roads.

By early 1988, work was proceeding, albeit delayed, on a project between CBC and Noone and McGowan on Sinter Plant Outfall Sewers, the formal contract for which was signed on 11 February 1988. The works involved the construction of some 1700 m of sewers.

At the LRCG meeting of 5 May 1988 progress was reported on the Sinter Plant Roads Phase 1, Rockingham Triangle Drainage, the BSC Link Road and the Deene Coke Oven work. Most of these works were reported to be complete or nearing completion in late June 1988. By late July 1988 work on the balancing lake at the Heavy End was proceeding; it is not wholly clear where this was but it was either on Willowbrook South or North. Sludge extracted from the excavations gave rise to concern about its contamination as reported by Mr Downey to Mr Hussey of CBC on 18 August 1988. This related to blast furnace dust and some coal tar. The contract for this with Willetts was dated 2 September 1988 and involved the excavation of some 14,700 m³; it was reported in October 1988 as nearing completion in November.

Other projects proceeding in October and November 1988 were the Willow Brook Balancing Lake and sewers contract (let to Noone & McGowan for over £1.1m) and substantial works at Bells Yard to the east of the Heavy Rolling Mills. By 1 December 1988 some 25,000 m³ of material had been excavated from Bells Yard and was stockpiled on Willowbrook; some 36,000 m³ was billed to be excavated and removed to Deene Quarry. These various works were to proceed until well into 1989. Bells Yard work was substantially completed by March 1989 at which time work was reported to be proceeding on Davey Road on South Willowbrook.

By June 1989, the LRCG meeting was being told that further works were proceeding, involving excavation, on the Electric Furnace Area Lorry Park and the Sinter Plant Phase 2 earthworks were about to commence, which they did in late July, the formal contract being signed on 16 October 1989 between CBC and Weldon Plant. This work involved the excavation of over 130,000 cubic metres of material from the former Sinter Plant Area and its deposition at Deene Quarry

On 8 November 1989 it was reported that as a result of heavy rain the southern end of Cockerill Road was flooded because a run off from the nearby Sinter Plant area came direct onto the road. This was attributed to the absence of any properly designed cut-off drains. It was agreed that such drains should be put in as soon as possible.

Willowbrook road schemes were proceeding until well into 1990, being reported as continuing at the LRCG meeting of 22 March 2000. One of the road construction contracts was let on 1 June 1990 to Noone and McGowan; this related to Genner Road and/or Arkwright Road on the north of Steel Road. It involved the removal of some 13,000 m³ of excavated material. By way of example, Clause 118 of the Specification stated that serious chemical contamination of the soils to be excavated was not expected. It was said that "however owing to the previous use of the site, any of the following solids, liquids or gases and maybe encountered which could be hazardous to site workers"; amongst the items mentioned were coal tars, heavy metals, and Toluene and Mineral oils. This was surprising as the nearby Willowbrook North area was known to be seriously contaminated.

The LRCG meeting of 24 May 1990 was told that the Electric Furnace Infrastructure works were proceeding and that the Morgan Mill services diversion works had started. The Morgan Mill demolition works started shortly thereafter and were said to be progressing well at the LRCG meeting of 13 November 1990. There was discussion about making the demolition of the water tower at Morgan Mill into a fund raising event for Children in Need.

The Morgan Mill demolition was nearing completion in February or March 1991. In 1990 and 1991, CBC had embarked on fulfilling its obligations to BSC by constructing a haul road for them in four phases which were still proceeding well into 1991. Phases three and four were let by CBC to PL Construction by contract dated 25 March 1991. That must have involved the excavation and removal of contaminated material.

Contract No 59 was let by CBC to Barton Plant in May 1991; this related to the demolition of the BSC workshops and buildings which included electrical workshops, works garage, a canteen, an old loco shed and an air raid shelter. This work was said to have been completed by early June 1991 but records indicate that work continued for some months thereafter with another contractor, Fitzpatrick.

At the LRCG meeting of 10 October 1991, it was reported that works were proceeding on the Mills Road Earthworks Phase 1 project and that the Workshops Redevelopment project was also proceeding.

In January 1992 the Mills Road Earthworks Phase 1 works and the Rail Sidings works were proceeding. The Mills Road Earthworks Phase 2 works would commence in the Spring. By mid July 1992 excavated materials from the phase 2 contract were being transported to Deene Quarry, partly on public roads. In late August 1992 the contractor was still breaking out concrete foundations.

The Mills Roads were in and around the Heavy Rolling Mills. Dr Smith inspected these in August 1992 and reported that foundations were being removed and taken to tips at Deene Quarry; galvanising sludges had been taken there also. He sampled what was left and did not find any great contamination. Work in this area is continuing until late November and into December 1992.

On 24 September 1992, CBC entered into a contract with Noone & McGowan for the construction of an access road to BSC’s locomotive shed to the south of where the Heavy Rolling Mills had been.

On 27 November 1992, CBC entered into a contract with Grant Lyon for the relocation of Exchange Sidings. This work was largely completed by the Spring of 1993. In late May or early June 1993, works had started on earthworks for the Morgan Mills site; Morgan Mill was a mill for rolling the steel ingots into product. These works were complete in August 1993.

In August 1993, the Exchange Sidings and Loco Shed area were looked at by Mr Cropley who reported on 23 August 1993 as follows:

“EXCHANGE SIDINGS LAND

CBC retained Contest Melbourne Weeks to carry out a site investigation of the Exchange Sidings area; that firm duly reported in January 1994. As CBC’s Counsel accepted in closing, some work had already been done at this site beforehand. The fill was described as:

“OVERSITE FILL

Compact ash with variable amounts of slag, together with concrete, sandstone, limestone fragments and rarely rubber, metal sheets and pipes, refractory bricks. Occasionally soft clay with ash and ironstone fragments”.

Over 90 chemical tests were done for amongst other elements cadmium (highest reading 23.2 mg/kg) and toluene extract (highest 0.89%). It is perhaps of interest that 59 boreholes, 14 trial trenches and 23 trial pits were done on a 580 square metres site. That represented by far the most extensive site investigation on a per acre basis ever done by CBC. Slag and refractory material was found in the trial pits

In early 1994 the Mills Road Phase 3 earthworks contract was let by CBC to Weldon Plant for some £750,000; these works were started in March and completed by the end of July. Sinter Plant landscaping started at that time also and involved some 500m³ of excavation. In February 1994, contractors engaged by CBC were working on a sewer contract at the Heavy Rolling Mills site; these were reported as complete by the end of July. In about March 1994, the Sunday market project on the old Sinter Plant area started and was finished in about July 1994. By the end of the year, the LRCG meeting was told that there were then no currents schemes on site.

There was however some work going on in January and February 1995; it is recorded in diary entries that the site haul road was wet and muddy and Noone & McGowan had equipment stolen from the site and that material from footpath reconstruction was being hauled. The new Sunday Market remedial drainage work was being carried out in February and March 1995.

After what was described as a “saga” in the tendering exercise, Mills Road Phase IV was formally let in September 1996 at a contract price exceeding £500,000 after a re-tendering exercise in July 1996. This had been one of the contracts in which Mr Hagen and others thought that there might have been irregularities in the contractor selection process. Mr Ibbotson wrote to CBC on 25 September 1996 as follows:

“RECLAMATION OF CORBY STEELWORKS MILLS ROAD EARTHWORKS PHASE IV

It is my understanding that the majority of the fill to be removed from the Soot Banks Site into Deene Quarry will be via the Gretton Brook Road entrance, and not Shelton Road. From past experience this will cause problems when a second contractor is also using the same haul roads in the quarry, ie. Claims for haul road maintenance, cleaning Gretton Brook Road and delays to contract etc.

It is proposed to commence the Mills Road IV contract as from Monday 30 September 1996, and to start infilling the designated voids in the quarry. Both Webfell and Noones will be using the same haul roads to the tip.”

Dr Smith was asked to and did produce a report entitled Summary of Contamination Results for this site. Relevant parts of the report are:

“1.1

FWS Consultants has been instructed by Corby Borough Council to compile a summary report on the contamination that existed formerly on the Rolling Mills Phase IV site, how it determined the reclamation strategy, and how that strategy has been implemented…

1.3

The particular operations carried out on our particular portion of the mills appear to have been associated to a large extent with "soaking". This is the process whereby large ingots are reheated, prior to rolling, in very large pits (the "soaking pits"), lined with refractories and heated by burning waste gas - probably blast furnace gas. Once the ingots had attained the required temperature, they would be lifted out by massive cranes onto the rolls. The soaking pits were associated with underground flues that carried the hot blast from gas burners, and there was also a substantial chimney to carry off the exhaust The northern part of our site, outside the mill building, was occupied by rail sidings.

1.4

During demolition of many of the works structures in the 1980s, overhead blast furnace gas mains were dismantled by scrap contractors on the open sidings, and gas main deposits and condensates, including ferricyanide wastes and organo-sulphur compounds - some of which smouldered on exposure to air - were spread around. Similarly, the removal and break-up of the mill machinery from inside the buildings resulted in the release of large amounts of oil, adding to the already widespread oil contamination that had resulted from some 45 years of continuous heavy engineering”

He had examined the site himself at some stage and taken samples during the excavations; having reviewed earlier relevant site investigation reports, he said:

“2.3

Examination of the derelict remains of the mills buildings themselves, here and on the adjoining Phase III site, revealed that very deep machine pits and the soaking pits had been loosely backfilled with demolition rubble; directly on top of thick deposits of oily residues and sludges in the case of the machine pits. Experience from reclamation of the remainder of the mills indicated the likelihood of some asbestos contamination within this backfill. The council has reclaimed a huge area of the former steelworks over the last 15 years. Based upon the experience gained from that programme, and on the requirements of the various regulators, and of potential developers, it was agreed that the most appropriate strategy was - as recommended in the s.i. reports - to remove the contaminated oversite fill; then excavate the contaminated backfilled debris and sludges from the various pits; break out any voids etc; and remove the contaminated materials to the Council's own licensed landfill at Deene Quarry; then to backfill the site with clean imported fill to an appropriate geotechnical specification.”

Based on sampling he said amongst other things:

“4.7

Cadmium and lead were relatively low, ranging up to 2.5 mg/kg and 1,724 mg/kg respectively, neither of which exceeds their relevant ICRCL TTVs for landscaping.

4.8

Copper, nickel and zinc commonly exceed their ICRCL TTVs for phytotoxicity, although the effects would be mitigated by the alkaline pH values. Copper ranged up to 296 mg/kg (9 out of 12 results exceeded the TTV), nickel ranged up to 713 mg/kg (9 out of 12 results exceeded the TTV of 70 mg/kg); and zinc ranged up to 1,103 mg/kg (6 of 12 results exceeded the TTV of 300 mg/kg).

4.9

Toluene extractable matter (TEM), which is used as a screening method for tars and oils, ranged from 0.088 to 3.95%. There are no formal U.K. guidelines for the interpretation of TEM results, but a threshold of 0.5% is commonly used to trigger further testwork. Eight of our samples fell into this category and were tested by thin layer chromatography. The major organic component was determined as mineral oil.

The Dutch Intervention level for mineral oil contamination of soil is 0.5%. While this has no legitimacy in the U.K., we have no alternative guidelines - other than an old Department of Environment publication (Derivation of Trigger Values for Hydrocarbons in Contaminated Soils, publ. February 1987) that recommends 0.2% total hydrocarbons as a threshold trigger. Views upon hydrocarbon contamination have hardened significantly since 1987, and the most recent regulations - The Special Waste Regulations 1996, which came into force on 1.9.96 - regard used mineral oils as Special Wastes. Soils containing in excess of 0.1% of used mineral oils are classed by the waste regulators as Special Wastes, once uplifted.

He concluded:

“5.1

The Rolling Mills Phase IV site has been remediated by removal, to landfill, of contaminated materials with unacceptable levels of oils, high levels of metals and sulphates, asbestos, and with free lime and magnesia (the presence of which would have rendered the site unstable and precluded development). Reclamation of the site has also removed the threat to local groundwater, posed by the presence of the oversite fill.

5.2

We understand from the Consulting Engineer that the total volume removed, prior to validation sampling and backfilling, amounted to 23,629 m3. The mean of 12 determinations of bulk density (in-situ). made by Exploration Associates on the Exchange Sidings site as a whole, is 2.06 t/m. Applying this to the volume excavated, we calculate that approximately 48,676 tonnes have been removed to landfill.

Thus these Mills Road Phase IV works were largely carried out by the time of this report and involved the excavation and removal to Deene Quarry of some 23,600 m3 of contaminated which or some of which could be described as Special Waste under the legislation. The samples taken by Dr Smith were taken from a site which had already had the over site fill and some foundations removed in an earlier contract, as referred to in a Validation Survey of December 1996 prepared by Dr Smith.

After 1996, no work of any relevance to this claim on or at the old Heavy End and the Willowbrook South sites was done by or commissioned by CBC.

Some of the conclusions which I can and do draw from the general history and this specific history of events in relation to this area are:

I bring together all the sites to the north and north east of North Willowbrook under this heading. This Chapter relates to the Toxic Ponds, The Valley of the Drums, the Candy Filter Ponds, the Tip Containment facility and its extensions and the other areas. I have set out much of the history in the General History chapter above.

Deene Quarry was acquired by CBC in 1985. However, there is no doubt that as from 1983 when CBC began its demolition and reclamation work itself, CBC used Deene Quarry to deposit vast quantities of demolition and excavated material from those mostly Heavy End, Willowbrook South and Longhills sites they were working on. As Mr Ibbotson was recorded as saying in at a LRCG meeting on 10 October 1991:

“JM [Mr McGrenaghan] asked why CDC got landed with the poor area of toxic ponds land. RI explained that Deene Quarry was bought for tipping purposes and BSC insisted on us taking toxic ponds with it. The tipping facility we have gained has been of great value as the nearest contaminated tip would have been Bedfordshire.”

WS Atkins was retained in June 1984 to do initially a preliminary investigation into Deene Quarry as it had been decided that CBC would purchase it from BSC. The following was said by them in relation to the Candy Filter Ponds:

“2.1

General Description

These two ponds are shown on Figure 1 and photographs 1-5. They generally contain a low grade waste from the Rolling Mills and have not been used since 1979. The waste was treated in the Patterson Candy plant which removed the majority of mill scale and suspended solids, with the remaining waste waters going to the Candy Ponds and the cleaned water going back to the plant as cooling water. Oils from leaks or spills were collected in the ponds and were later removed. On the north pond there remains a layer of oil confined to a small area (depending on wind direction). On the south pond, however, a thick (estimated at 80-l00mm) layer of oil emulsion has collected, forming a light brown 'mousse' on the water surface (see photographs).The carcasses of several unidentified birds can be found in the oil. There is also an odour of hydrocarbons from the ponds.”

On the Toxic Ponds, WS Atkins said:

“3.1

General Description

This group of 6 (originally 7) ponds is shown on Figure 1 and photographs 6-9. The ponds are still in use. Ponds 1 and 2 primarily received coke oven effluent, and contain ammonia, thiocyanates, and phenols. Ponds 3 and 4 contain various contaminated waters. Ponds 5 and 6 received alkalis, degreasants and phosphates. Other wastes dumped in the ponds included pickling liquors, chromium oxides, oils, galvanising spent liquors, acids, various metals, cyanides and organics. In general, two ponds were used for treatment and two for holding difficult wastes for disposal when unsure of what to do with them.

On 10 August 1984 arrangements had been made between CBC and BSC as to Deene Quarry, although it had been agreed well beforehand that CBC could deposit (and indeed had deposited) excavation and demolition material from the other parts of the BSC site which it had purchased. A letter to the Departments of Environment and Transport summarised the agreement:

“With reference to our meeting on 9th August 1984 regarding the Deene Quarry site, I should like to confirm the following arrangements regarding the proposed purchase and licence agreement with BSC.

BSC to grant tipping facilities to Corby District Council for the disposal of materials arising from the reclamation works in the form of a licence. The area of Deene Quarry involved is to the east of the green line on the enclosed plan and is situated within the East Northants District. In lieu of tipping charges the Corporation are insisting on the following works being undertaken:-

1.

Overburden to be excavated from various deposits in the quarry and to be re-spread over the site to a minimum depth of 600MM on completion of all tipping operations.

2.

Pump out and dispose of liquid waste materials from various lagoons and ponds prior to infilling with tipped material.

3.

Provide basic drainage necessary to ensure the free passage of surface water across the site.

The formal written agreement for the sale of the Deene Quarry site by BSC to CBC was dated 20 March 1985 and related to some 188 acres. It is clear from this time if not before CBC was in charge of the land which it had purchased. Mr Downey reported on all activities which he noticed taking place there which were many and various. He did not supervise the deposition operations on Deene Quarry.

It was in the February to April 1985 period that the DoE visited Deene Quarry and the Valley of the Drums in particular. It is clear that CBC decided that it was necessary to do something about this particular problem.

WS Atkins with CBC approval were meanwhile considering what might be done to the various sludges which were present in the various waste ponds. To this end, they considered a waste solidification process offered by a German Company and reported on this to CBC on April 1985:

“The stabilisation of a particularly difficult waste has recently been demonstrated by GFS using one of their solidification processes for sewage sludges modified so as to contain acid tars. These arise, for example, from the distillation of crude benzole where sulphur compounds and unsaturated hydrocarbons are removed by a concentrated sulphuric acid wash. In this assessment, 25 kg samples of an oil refinery acid tar waste were mixed with 50 kg of dried, powdery red mud whose high cation exchange capacity and metal oxide content react so as to stabilise the polluting components of the waste. Subsequently, 75 kg of fly ash from a coal-burning power station and 90 kg of a special hydraulic binder were incorporated in addition to 15 kg of hydrated lime and 375 kg of centrifuged sewage sludge (70-80% water). The process yielded a reddish-brown material of a clay-type consistency which lost its aromatic' odour over a few days and showed a crumbly soil like structure upon lengthy exposure to air…

Following discussions…it would seem that the steelworks redevelopment site offers considerable potential for the application of this waste treatment technique, the toxic, oil and candy filter ponds and, perhaps, the Deene Quarry area being of particular interest.”

There is no doubt that, by this stage and for a long time before, CBC was aware that the Deene Quarry area including the Toxic and Candy Ponds and the Valley of the Drums was likely to be highly contaminated and would need treatment. This awareness is clear from a memorandum of Mr Beckett of the DoE dated June 1985 of which CBC had a copy.

At this time W S Atkins was asked by CBC to give advice again on what to do with Deene Quarry, although their brief was somewhat wider than before. Their draft report of August 1985 summarised their views.

“A physical and chemical investigation was carried out of the major liquid environments, and asbestos tipping area, in the Deene Quarry. Samples were taken from the various oil, water and sludge media and analysed for potentially critical parameters. The principal physical factor that emerged was the scale of water volumes involved, while the principal chemical factor was in respect of the degree to which these water bodies were contaminated. By far the greatest single issue encountered was the 'Valley of Drums' and its surrounds. The scale of the problem is very great and will require considerable additional resources before the full extent of the problem is defined and an appropriate solution designed. Ironically, the problem is unrelated to the visually bad situation of thousands of drums floating upon the pond surface.”

Although this is a draft report, no final report was served, and there is no suggestion that the advice was withdrawn or modified.

They described what they were considering:

“1.1

Background

The Deene Quarry is an area along the northern boundary of the former British Steelworks Corporation's site, which is some 2.5km. in length and of varying width. Currently the area under consideration has the following visible principal features…

A.

7 no. toxic effluent ponds (one largely filled with demolition waste)

2 no. candy filter ponds

1 no. oil pond

1 no. 'drum pond'

B.

Iron making slag deposits (mostly containing soda slag)

Iron Oxide flue dust deposits (3 areas)

Iron oxide slurry deposits

Refractory wastes (weathered dolomitic)

Refractory spoil

Waste disposal site (encompassing asbestos tipping area and acid

neutralisation wastes)”

They were not asked to report on the areas referred to in B above. They described their objectives as:

“a)

establish the principal physical and chemical parameters of the relevant waste areas.

b)

establish the most suitable methods for abating the identified problems so that the areas could be reclaimed for redevelopment.

c)

prepare a specification, vis a vis methods and precautions, for the execution of the selected treatment measures.”

In Chapter 4 WS Atkins described the principal problems. At Paragraph 4.3, they reported:

“Other Features

Various areas outside of those explicitly described in our brief warrant closer investigation before reclamation works proceed. Many of these areas were listed earlier [see B above]. In addition, the following are pertinent: (i) a number of large water bodies have been formed in excavations which appear to be contaminated by leaching or surface water run-off, (ii) tarry wastes were noted at the southern edge of the waste disposal area (adjacent the asbestos tipping area), (iii) tarry wastes are emanating from the (hard core) tip face at the south-eastern corner of the Deene Quarry area.”

Their remedial proposals were addressed later in the report:

“The water bodies on the site fall into the following four categories:

(i)

those not requiring treatment prior to discharge to sewer, viz. TWP Nos. 1,2*,3,4 and-Candy Filter Pond South

*to be mixed with other water prior to discharge

(ii)

those requiring some treatment prior to discharge to sewer, viz. TWP Nos. 5 and 6, Candy Filter Pond North and Oil Pond;

(iii)

those requiring treatment or control (vis a vis migration) but which would remain in place viz. Valley of Drums and surrounds;

(iv)

those requiring no treatment and which could be left in place, viz. TWP No. 7.”

In relation to the Valley of the Drums, they wrote:

“It is not possible to displace the pond water by careful backfilling since, even with reasonably large graded rock, the amount of water to be displaced (assuming no more than a 1m. rise in the area's ground water level) would amount to about 40,000 cu.m. This volume would in turn need some 270,000 sq.m.(27 ha) of surrounding area for its absorption if a 15% void ratio was assumed in the 1m. above the existing water table. Considering other permutations of a) permissible rise in water level and b)

permeability value of surrounding ground, would not remove the fundamental problem, namely that this very large body of polluted water would undoubtedly migrate through the surrounding ground with possible long term consequences for local groundwater quality. In effect, therefore, it is most likely that the only practical solution is to limit and contain the already affected water.”

So far as the sludges were concerned, they advised as follows:

“5.4.1.

Introduction

The general nature of the sludges is such that they would probably all be classified as 'Special' under the terms of the Control of Pollution (Special Waste) Regulations, 1980. As with all controlled wastes, if removed, they would have to be disposed of to a site licensed to receive them. The practical options for dealing with the sludges are:

(i)

dispose of all materials to a suitably licensed site;

(ii)

create a suitable facility on site for their disposal;

(iii)

a combination of (i) and (ii).

It is not considered prudent to leave any sludges in deep ponds which would be many metres beneath any future development. Although it might be argued that, with a carefully selected backfill material, the sludge would not rise greatly (e.g. 150mm of sludge could rise to about 1 metre with a material with 17% voids) any oils for example could be raised subsequently by groundwater contained by the pond. This situation could have undesirable effects although some provision could be made to prevent it happening, e.g. by introducing low permeability layers in the backfill. Overall, for the quantities that might be left in place, the savings would be very small, if any. Thus, total removal is the most sensible option.

5.4.3

. Create an on-site facility

Creating a suitable on-site facility for the sludges has many environmental attractions that need not be in conflict with the ultimate development of the site , e.g. the waste disposal area used by BSC, which include asbestos and other special wastes, is to remain and be suitably reclaimed. Adding a further, suitably designed facility in a suitable location can be considered at least acceptable, though not desirable.”

In August and earlier in July, before, CBC permitted contractors to extract drums from the Valley of the Drums. It is quite clear that the work was not supervised by CBC as is apparent from Mr Downey’s memo of 22 August 1985:

“Deene Quarry Pond - Drum Extraction

This operation has been continuing for the past six weeks and appears to be coming to an end, casual conversation with Contractors operatives indicate drum breakage during extraction. Drum contents have been dropped in the pond and residues have been spilled in the adjoining area of Calcium Sulphate backfill. It is also thought that the Northants Waste Disposal Authorities may have observed the operation and results. Consideration of the following may be required:-

1.

Will the pond require further analysis to determine whether its chemical content has radically changed?

In September 1985, CBC allowed contractors on to the site to remove the oil from the surface of the Candy Filter Ponds.

It seems that CBC engaged Noone & McGowan in 1985 or 1986 to fill in Toxic Pond 7. There is little detail about this but it is referred to in a Report of Dr Smith of September 1991.

At some stage in 1985 or possible 1986, CBC employed contractors to provide a new tipping area or areas for BSC as part of the agreement. This comprised the excavation for what were said to be butyl lined ponds for BSC to tip their wastes. So far as can be ascertained, this was work done by Shanks & McKewan in the latter half of 1985 but little documentation has been provided about this. It is probable that the material from the excavations which itself was probably contaminated was deposited elsewhere in Deene Quarry. Mr Downey records muck shifting by that contractor in September 1985 for this work. Throughout much of 1985, CBC permitted Bennies to remove slags and they or others to remove red flue dusts. Scrap metals were removed as well with the knowledge and consent of CBC.

There was little or no security at the site; there were no gates at the Gretton Brook entrance which was the main entrance and apart from Mr Downey happening to see what was going on, Deene Quarry in effect was an open site.

Although it was something which Mr Barry had and had expressed misgivings about (see above), WS Atkins were nonetheless asked to report on a pilot exercise for filling part of the Valley of the Drums, which they did in October 1985. The Introduction summarises the issues:

“Reclamation Proposal: Fill 'Drum Pond' and area to the east with 'Inert' material from elsewhere on site.

Issue: Potential impact of displacing some 50,000m3 of highly contaminated water causing it, through having a greater hydrostatic head, to enter the underlying aquifer at an unacceptable rate.

Objective: Design monitoring system for a pilot backfilling test

a)

to determine the probable rate of extra over influx into the aquifer and b) to measure some of the physical and chemical characteristics of the underlying aquifer.”

There were some handwritten changes but as nobody has suggested they were made by WS Atkins I will ignore them. The “Potential Problem” was addressed as follows:

“2.1.

General Description of Water and Ground Conditions

Hypothesis to be Tested

It was clear to all that a careful backfilling exercise was required. It stood (and stands) to reason that if the water in the Valley of the Drums pond was displaced too quickly, it would, on the most basic Archimedean principle, flow over the sides and into the surrounding area. WS Atkins suggested monitoring backfilling to see if their hypothesis was right.

Mr Downey’s log for 21 October 1985 shows that Mr Buckland had arranged for an old railway line to be converted into a haul road for wastes to be taken to the eastern edge of the site.

CBC, was independently of consultants, taking decisions as to what was to happen. An example of this is CBC’s letter of 7 November 1985 to Mr Ibbotson:

“1.

Could you please let Peter Hussey have as soon as possible plans of the fencing around the toxic ponds and a plan of the haul route which you have specified from the Erostin site to the Deenc Quarry.

2.

Please also let Peter Hussey know whereabouts in the Deene Quarry you intend that Wards should tip, so that he can ensure no conflict with the positions of the monitoring system for the Drum Ponds”

CBC arranged for contractors to deposit material into the Valley of the Drums Pond. WS Atkins arranged for monitoring to be put in place in November 1985.

Although nothing seems to have been done about it, Mr Downey records that a contractor, Shanks & McEwan was tipping material from the BOS plant “illegally” into Deene Quarry on 15 November 1985.

On 15 November 1985, BSC, aware that backfilling of the Drums pond was soon to begin, wrote to CBC calling for care to be taken:

“Deene Quarry, North Bank, Corby

I understand that your Council wish to commence filling the above quarry area which is on Corporation land occupied by your Council under Licence by Agreement dated 20th March 1985. As you are no doubt aware the quarry is partially flooded, the water level being recorded on the 31st October I985 at a level of 96.86 metres above ordnance datum.

Your Council have agreed under Clause 4-(d) (ii) of the Agreement, not to impede or hamper our adjoining recovery operation and I am obviously concerned that any tipping into the quarry will cause water displacement into our workings. In an attempt to prevent this from occurring I suggest that your tipping operation commences at the western end of the quarry with the tipping along the whole of the width of the same, initially with a clay like material in order to attempt to seal this particular section. It will be necessary to build up a bank at this point to prevent the water from surcharging over into our working areas.

Your vehicular access to this point should be along the line approximately marked in brown on the enclosed plan and I would suggest that once tipped vehicles then proceed along the green route before returning to your clearance area. This will ensure that your vehicles will cause minimum disturbance to our working areas.

In the event that the above does not successfully contain the water and our workings are flooded then I shall have no alternative but to insist that your

tipping operations cease until such time as a satisfactory method of containing or dispersing the water is evolved…”

The contractor, Wards, commenced tipping of excavation and demolition material to the east of the Drums pond on or about 19 November 1985. As noted as occurring by Mr Downey on that day, he was not supervising them. WS Atkins noted this in their letter of 22 November 1985 to CBC because they were concerned that the monitoring for the Drums pond was not disrupted. The proposed time for the backfilling to start was 2 December 1985.

By early December 1985, CBC by its contractors had finished much of their work of providing new tipping areas for BSC, but some lining of lagoons remained to be completed. Handover was expected shortly after mid December 1985.

In January 1986, WS Atkins produced a progress report about what they were doing on various aspects of the Deene Quarry works:

“Summary

This report details the progress made, as at 17th January 1986, in the preparation of recommendations for an integrated approach to the reclamation of the Deene Quarry.

The outline design is now completed and the preparation of appropriate contract documentation for the discharge of water from the toxic ponds to foul sewer is well advanced. The problems experienced in analysing the cyanide/thiocyanate content of these waters have been resolved and a draft application for a trade effluent consent has been made to the Anglian Water Authority. Oil reclamation companies have already commenced removal of the bulk of the oils on two of the water bodies.

An assessment of the potential odour problems associated with the exposure and removal of sludges from the toxic waste ponds has been completed, with the conclusion that the potential odour problems can be overcome if the works are carried out in a strictly controlled fashion. Modest delays could result from unfavourable wind directions.

Discussions are still proceeding with a number of waste disposal/ treatment companies regarding the sludge deposits in the ponds.

Recommendations and costings will be made when the most appropriate economic and environmental strategy has been identified. Preparations for the monitoring programme associated with the pilot back-filling exercise in the Valley of the Drums are now complete. The back-filling operations are scheduled to commence at the end of January.”

The report adverted to the fact that the Toxic Ponds contained some 23,000 m³, the Candy Filter and Oil Ponds some 5,500 m³ and the Drums Pond some 49,000m³. In relation to the sludges, WS Atkins said:

“The large volumes of settled sludges underlying the water and oil in the Toxic Waste Ponds, Oil Pond and Candy Filter Ponds pose considerable problems to the design of a successful reclamation programme. The sludges are very odorous, have relatively high moisture contents and a substantial organic fraction, except for Toxic Pond 1 which is largely calcium sulphate containing large quantities of ammonia.

A range of options exist for dealing with these materials which may be applied either singly or in combination:

High level incineration

Reclamation of oil content

Biological treatment

Solidification/polymerisation

Landfill (on or off site)

In our early discussions with the Water Authority we gauged their reactions to the creation of an on-site landfill facility. It was clear that such an option would meet with resistance, i.e. AWA feel that there are enough potential problems on the site already.”

They reviewed treatment options and identified the closest landfill site as being in Bedfordshire. They reported on possible odour problems to a flour mill to the north west.

By 17 January 1986, WS Atkins told CBC that the monitoring equipment for the Drums Pond was in and running so that the backfilling could commence.On 28 January 1986, the first loads of “muck” were deposited by Wards in the Drums Pond as noted by Mr Downey.

In a letter of 10 February 1986 to the County Surveyor, CBC wrote of what its intentions had been and remained for Deene Quarry:

“Since recently acquiring the site from the Corporation, the Council has commenced its programme for the restoration of the former quarry and the

infilling of the various voids is the first stage of the reclamation proposals. Upon completion of the various tipping operations, the site will be covered by a capping material, top soiled, cultivated and seeded, together with the erection of protective fencing and the installation of site drainage. The site will ultimately be restored to an agricultural/ forestry/amenity afteruse. The removal of the various toxic lagoons will be undertaken under a separate scheme, however, in the meantime protective fencing has been erected to some six lagoons and the other lagoons will be made safe as soon as possible. It is envisaged that the restoration proposals will take approximately three years to complete.

The site licence is to cover the whole of the site because materials will be deposited in various locations, dependent upon the time of year and site conditions, however, the prime objective is to infill the "drum pond" as quickly as possible. The material used for infilling voids etc. is from the former steelworks complex and is mainly reinforced concrete foundations, brickwork, slag and general excavated materials which is uprising from the various reclamation schemes. The material will be transported to the tip in on-site dump trucks utilising existing internal haul roads. Material on the tip will be spread into position by a CAT D8 or D6 Dozer. The partial restoration of Deene Quarry is therefore a by-product of the reclamation works in the former steelworks site.”

This, in broad terms, remained CBC’s policy and strategy for Deene Quarry.

By 20 February 1986, Mr Downey estimated that 15,000-20,000m³ had been deposited in the Drums Pond. It is more than possible that Weldon Plant, working on another project, had dumped material there as well as Wards. The work of depositing material was not monitored or supervised although Mr Downey recorded briefly what was going on. The work of deposition at the Drums Pond was not done carefully. The result was that the water was inevitably displaced by the material which was being deposited in the water and it spilt over the sides. On 12 March 1986 BSC wrote complaining:

“Our contractor has reported that water from the Deene Quarry is now entering the area from which they are recovering materials. This inundation is due to a rise in the water level from 96.86 metres as originally reported to 98.39 metres, giving a rise of 1.53 metres.

We are very concerned about the water displacement that has taken place as this is adding substantially to the cost of recovery as the material has to be raised above water level and allowed to drain before being marketed. You stated that your Consultant, W S Atkins, was monitoring the situation and what has happened is now impeding our operations, which is contrary to Clause 4(d) (ii).

Would you please arrange to cease depositing tip material into the water filled quarry forthwith.

In your letter dated 20th January I986, your Council undertook to construct a bank along the western end; this work has not been carried out. You stated that your Council would limit the deposit of demolition material in the quarry to the equivalent that the BSC had been depositing and there is no doubt that this is being exceeded by a vast amount.

In our opinion your Council is in breach of the covenants they entered into and we shall be pleased to receive your assurance that no further action will be taken which will be detrimental to the Corporation's interest.”

The reference to “the material” in the second paragraph of this letter is to the slag and flue dusts materials in the north east part of Deene Quarry which BSC and CBC had agreed could be removed by BSC for sale; it was on this material that amongst other Bennies had been working. Ward started to work on constructing the bank referred to at about this time but used material from the surrounding area which was permeable as noted in WS Atkins’ letter to CBC of 12 March 1986.

On 19 March 1986, there was a visit to the Drums Pond by Northamptonshire County Council attended by Mr Downey. A note of the meeting states:

“This visit was to assess the current situation with the Valley of the Drums. This former tipping area has been taken over by Corby DC with a view to its eventual reinstatement. Consultants have been examining the degree of contamination on the site and a number of boreholes have been drilled to allow sampling of the ground water. This was being carried out by Mr Downey when we arrived on site. He is a chemist and regularly checks the boreholes for migration. They are especially interested in cyanide and thiocyanate. In an attempt to discover any migration route from the main pond several thousand tonnes of inert waste was tipped into the pond to raise the water level and increase the head.

There is still some tipping of contaminated spoil from local building projects e.g. ASDA, going on in the area and a firm is working over the rubble heaps for hardcore.

The pond still has about a hundred drums floating on the surface together with an amount of oily flotsam. Material is still leaking into the pond probably from corroding full drums on the bottom as an oil smear was being formed on one area of the surface.

At one end of the pond I found a torn bag containing asbestos on the surface of the site.

The removal of the floating drums would appear to be the easy start of clearing this large area of polluted land.”

This was inaccurate at least with regard to the quantity of material which had been deposited.

In July 1986, WS Atkins produced a Recommended Strategy for Deene Quarry for CBC. The Summary states:

“It is considered that the sludges in the Toxic Waste, and other Ponds within the Deene Quarry cannot be left in-situ owing to their unacceptable chemical and physical natures. The sludges vary considerably in chemical composition but the major common factor is their coal tar and general oil content, apart from one pond (TWPl) which has a very high ammoniacal content. The aggregate volume of sludges has been estimated at around 15,000m³ and four different strategies have been examined for their effective disposal, (Also included in the review was a provisional estimate of 1,000 m³ of cyanide rich and organic wastes near the Toxic Waste and Oil Ponds.). The four options to be considered seriously have been a) off- site landfill, b) a chemical fixation process (GFS), c) a lime stabilisation process (OCR) and d) on-site landfill using a combination of the above techniques. Biological treatment and incineration were also considered initially. A further factor included in the assessment has been the need to improve the effectiveness of the ground cover to the disposed Glebe wastes, i.e., the area south east of the Candy Filter Ponds.”

The contents of the Ponds were described:

“Toxic Waste Pond No. 1

2.9

This pond acted as a holding reservoir for limed coke oven liquor. The suspicion that the sludges comprised tar contaminated lime sludge was confirmed by chemical analyses which showed the bulk phase of the material to be hydrated lime with a minor calcium sulphate component. As would be expected, this material is highly alkaline (pH 8.3 - 11.4) and contains large quantities of ammonia (NH4'''-N approx. 5,000 ppm). The sulphate content is explained by the reported disposal of waste sulphuric acid to this pond. The sludge has a stiff consistency and could present an occupational hygiene problem during excavation due to the elevated ammonia content. (This can be overcome by ensuring that the excavator

driver is suitably equipped with breathing apparatus and, as far as possible, he works upwind).

Toxic Waste Pond Nos. 2 to 6

2.10

Although heterogeneous in nature, the sludges in Pond Nos. 2 to 6 can in general be considered as quite similar, due to the presence of mobile tarry deposits arising from coal carbonisation. The 'coal tar' parameter evaluated in the laboratory is semi-quantitative and should be considered in conjunction with visual and olfactory evidence obtained in the field. The highly elevated toluene extractable figures are indicative of extensive hydrocarbon contamination broadly associated with a range of mineral oils, but also encompassing a range of aromatics and certain vegetable oils used by BSC…

2.11

Heavy metal concentrations (zinc in particular) are highly elevated in many of the sludges. These concentrations are of concern as potential water pollutants if inappropriately disposed of, and have wide ranging microbial toxicity.

Candy Filter Ponds

2.12

The sludges in the two Candy Filter Ponds essentially comprise millscale contaminated with mineral oils, which are slowly being released into the overlying water body. The result is an oil in water emulsion known as 'chocolate mousse'. The mineral oil content is confirmed by the very elevated toluene extractable value of the sludge.

Area Adjacent to the Oil Pond

2.13

The recent trial pit investigation near the Oil Pond revealed odorous wastes with a significant organic content, and also surface deposits of spent oxide wastes with elevated cyanide levels. In one case a very elevated toluene extractable measurement associated with elemental sulphur in the gas cleaning waste was noted.

Area to the South and East of Candy Filter Ponds

2.14

The extensive waste deposits to the south east of the two Candy Filter Ponds originate from the demolition of the Glebe coke oven battery, and these are grossly contaminated with tarry materials. Large metallic structures, together with concrete and bricks, are disseminated throughout the waste mass.”

The report reviewed the options for on and off site disposal and treatment of the sludges. The Introduction to their Chapter on Recommended Strategy was as follows:

“4.1

Organic wastes have been deposited in a number of areas within or near to the Deene Gulley. In developing a recommendation for the removal of one such group of wastes (i.e. the Toxic Waste Ponds et al). It is appropriate to review the situation that prevails, or would prevail, at the other waste deposit locations.

4.2

In addition to the more formalised disposal into the Toxic Waste Ponds, Candy Filter Ponds and Oil Pond, extensive wastes have been deposited in the eastern end of the Deene Gulley. Organic slurry and spent oxide waste deposits have also been found to the west of the Oil Pond in an area which former site maps show as a lagoon. Further deposits of organic wastes lie to the south east of the Candy Filter Ponds, where the excavated ground mass from the Glebe Coking Plant has been placed. This material has been shown by recently excavated trial pits to include large amounts of coal tar, together with inert solid and metal wastes.”

The Reclamation Proposals were:

“Introduction

The proposals consist of the following principal elements:

That the Deene Quarry site was open to all is indicated by Mr Downey’s log for 20 October 1986 where he records the public as regularly traversing the site.

On 16 March 1987, CBC let a contract to Pipeline Construction Ltd to carry out the following:

“a)

Transfer of contaminated water from Candy Filter Pond South to Candy Filter Pond North.

b)

Collection of floating oily waste material from Toxic Waste Pond No.5 and transfer to Candy Filter Pond South.

c)

Transfer of contaminated water from Toxic Waste Pond Nos. 1, 2, 3, 4 and 5 intoToxic Waste Pond Nos. 6 and 7.”

This contract did not involve the removal of sludges.

Without reference to any consultant, CBC permitted the depositing of a substantial further quantity of excavated and demolition material into the Drums pond. WS Atkins, whose representative Mr Line visited the site in March 1987, was clearly dismayed as to what was going on. He wrote on 30 March 1987 as follows:

“Further to our telephone conversation on Tuesday, 24th March 1987, regarding the potential problems which may result as a consequence of continued backfilling in the drum pond, I visited the site on the following day. Having observed the prevailing conditions our level of concern is now such that we feel some immediate action has become necessary.

Current Situation

As I described to you on Tuesday, approximately a further 15-20,000m3 of spoil has now been deposited working from the bund created last year and pushing forward a working face into the drum pond. I would estimate that greater than 50% of the deposited material lies below the water level and that the surface area of the remaining pond is in the region of 4/5 of the original.

Following our monitoring programme during the pilot backfilling exercise at the beginning of 1986 we reported to you that, although we believed no

critical contamination of the underlying aquifer would result, the physical

consequences of an increase in water level would make further backfilling in this area inadvisable.

As predicted, the recent backfilling activities have caused a considerable increase in water level in the drum pond (AOD now greater than 100.0m compared to 97.0m towards the end of 1985), and additionally, a new pond has formed to the west of the 'retaining' bund, due to the intimate hydraulic continuity through the soda slag which underlies the bund.

Our concern rests on the following two points:

i)

The level of contaminated water in this region is now higher than the bed of the adjacent Gretton Brook. We are therefore relying on the integrity of the intervening ground mass to act as a suitable barrier. An uncontrolled, indirect discharge to the Gretton Brook would be in direct contravention of the Control of Pollution Act.

ii)

Although alkaline, stratification in the original drum pond confined the greatest alkalinity to the deepest regions. The water which has been forced through the soda slag to form the new pond is uniformly highly

alkaline (approx. pH 12) and therefore very caustic. Although the hazard to anyone becoming immersed in such water has existed for some time, the new pond is clearly visible from the road and more caustic. In addition, the banks adjacent to the new pond (on the Gretton Brook Road) are unstable and there is open access to anyone passing. In essence, a similar hazard exists but the risk of an incident occurring has been

heightened.

Recommendations

In the light of the above factors, we make the following recommendations:

It was on 9 April 1987 that CBC secured the licence for the deposit of “controlled waste” at Deene Quarry, the terms of which are set out earlier in this judgement. The inert material which could be deposited was expressly and clearly required to be dry.

In May 1987, WS Atkins issued a “Commentary on Current Status” of the Deene Quarry reclamation. They stated that the Toxic Ponds could be backfilled using ground reinforcement techniques and capped. CBC however was unwilling to accept that advice because it saw the area around and to the west of the Toxic Ponds as capable of being developed, albeit it was some considerable time before any particular interest was expressed by anyone in that area. WS Atkins was asked to come up with proposals as to how to achieve this, given that the land would have to accommodate buildings. They produced an initial report on this in June 1987. Geotechnics Ltd, instructed by WS Atkins produced a geotechnical report in July 1987 on the Toxic Ponds (called by them “Chemical Waste Slurry Lagoons”).

In or by June 1987, WS Atkins came up with proposals to remove the water for the Drums pond; these had been discussed with the Water Authority and involved the pumping of the water into Gretton Brook steam bed before any more filling of the Drum pond occurred. The requisite pumps were in place by about January 1988 and had started working by late January. Pumping was started before all the joints to the associated pipework had been caulked and there were established complaints of water escaping.

By August 1988, Deene Quarry was still open to unauthorised entry. A LRCG meeting of 11 August 1988 records that gates remained to be fitted, and, by inference, that unauthorised tipping was still occurring. Records in 1988 show that mud was reported as being on the roads, presumably coming from Deene Quarry.

Mr Webster wrote to the County Council on 7 October 1988:

“TOXIC PONDS 3 & 4 SLUDGE REMOVAL

Further to the telephone conversation between Mr Ward and my Assistant Mr Palmer, I would confirm that the sludges to be removed from the above ponds will be transported within the site to the new tipping area. The sludges will then be capped with a minimum of 1m of clean cohesive material.”

Other than the new tipping area was on Deene Quarry, its precise location has not been identified. Certainly, the sludges could not be described as dry or inert materials and it is probable therefore that this dumping of the substantial quantities of the sludges from Toxic Ponds 3 and 4 was a clear breach by CBC of the Waste licence. As Haiste & Partners later reported in November 1989, although the sludges had been transported by then, CBC had not capped them and they remained exposed; they said in their report (see below) about the work on Toxic Ponds 3 and 4:

“…considerable difficulty was encountered in handling, depositing and grading the sludges, and it was found necessary to mix the excavated sludges with dry material arising from another earth moving contract in the vicinity. In addition, the volumes excavated were many times greater

than had been anticipated from available data.”

Thus it was that over a considerable period the work on the Toxic Ponds was done without any proper supervision from CBC and involved the excavation, transporting, mixing and spreading of highly contaminated material over many months. That material was then left uncapped and open to the elements for well over year or more. CBC had the idea of using a contaminated tip facility on Deene Quarry and this was driven by cost primarily. The cost of removing the worst wastes to another site would have been enormous.

There is set out verbatim earlier in this judgement the memo of Mr Downey of 15 December 1988 about his reaction when he saw for the first time the Waste licence. It is confirmation that unauthorised wastes had been deposited at Deene Quarry. Toxic Ponds 3 and 4 were certified as substantially complete on 3 December 1988.

In February 1989, CBC had formally let a contract for the removal of sludges from Toxic Ponds 3 and 4 and its taking to another part of Deene Quarry to be capped with some cohesive material; this work had been completed between October and December 1988. From all the available contemporaneous documentation, this idea was not one upon which any independent consultant had advised, albeit that WS Atkins had provided some estimate of the quantities likely to be involved. This work took some time to complete; it was reported at a LRCG meeting in December 1988 as being complete by then. The scope of the works was described as “the removal of sludges from the ponds and disposal to a tipping facility within the site, approximate length of one way haul is 1.9 km”. It involved pumping the water into Toxic Ponds 2 and 5. The sludges were described in the Specification as:

“The general nature of the sludges is such that they are classified as 'Special' under the terms of the Control of Pollution (Special Waste) Regulations 1980.”

There was no requirement for a wheel washing facility and in any event none was provided to limit or prevent vehicles contaminated with mud from Deene Quarry from leaving the site. The work was not supervised by any independent consultant. The material was taken to the old works dry tip, as recorded by Dr Smith in a report of September 1991.

On 23 January 1989 BSC reported to CBC that Bennies had completed the slag extraction to the north eastern area of Deene Quarry. Access was still uncontrolled however. A memo from Mr Webster of 25 January 1989 states:

“I must re-iterate my extreme concern at the way the situation has developed regarding unauthorised and uncontrolled tipping by Noone and McGowan.

Whilst verbal agreements may be justified for small quantities of material, the volume involved at Deene Quarry clearly warranted detailed written instructions and drawings and subsequent periodic inspections to ensure they are being complied with. We have also been left vulnerable to criticism from auditors for not monitoring and recording the quantities involved. Have we been paying Noones to cart away from Willow Brook Balancing Lake at market rates while not charging them for tipping in Deene Quarry? Have they tipped material from other private jobs at no charge? Is this material contaminated?

Obviously I require you to pursue remedial action by Noones to ensure the area is restored in a satisfactory manner and all contaminated material either removed or safely buried.

With regard to future procedure, I consider it necessary to have weekly inspections by a member of your staff of all reclamation sites still in our ownership. These inspections should check site security/fencing and also whether unauthorised tipping has occurred. If it has, we should take immediate action. For any future tipping on our land it should follow a specification plans, and some method of measuring quantities should be devised.

Do we need a gateman at Deene Quarry?”

There was no answer to this and there is no evidence that the suggestions made in this memo were ever implemented. The content of this memo supports the view that there was little or no and no effective control over what went in and out of Deene Quarry.

A weekly site log of Mr Downey’s for the week commencing 25 January 1989 shows that material from the Willowbrook Storm Balancing Reservoir work was being deposited in Deene Quarry. A site visit attended by Mr Webster, Mr Hussey, Mr Ibbotson and Mr Buckland revealed that tipping of this waste gave rise to concern (which I infer led to the memo that day from Mr Webster). A “Bogmaster” (a large heavy bulldozer) was brought on to level mounds and spread dumped material. This is an example of the further double handling of contaminated material after its transport to Deene Quarry and initial deposition. The Bogmaster exercise is recorded as being somewhat unsuccessful as it kept getting bogged down.

On 26 January 1989, Noone & McGowan were written to by Mr Hussey as follows:

“Tipping in the Deene Quarry

I refer to our meeting on 24 January when we inspected part of the Deene Quarry together. We agreed that the tipping which has taken place is very unsatisfactory in the way it has been left, and also that there has been some unauthorised tipping by your Company.

I understand that you had intended in any event to tidy up some of the areas, however the tipped material is holding water and need immediate action.

I therefore require you at your own expense to carry out the following works to remedy the situation; please refer to the attached drawing.

Mr Hussey’s reply to Mr Webster’s memo on 27 January 1989 was at least frank:

“Thank you for your memo of 25 January.

First of all may I apologise for the Team's lack of proper control over the tipping operations carried out by Noone & McGowan in the Deene Quarry.

I have written to Noones (copy letter enclosed) requiring them to take remedial action at their own expense; this will start on 27 January.

An estimate will be made of the volumes of material tipped without permission, and either a tipping charge levied or the Contractor required to remove such material to his own tip.

Benson Downey has already been briefed about regular inspections and will start straight away. Regarding security to the Deene Quarry, I have today been advised by BSC that Bennie's slag recovery is complete; this means that we can keep the main gate to the area locked.

This measure, together with Benson's 'patrols', should improve things a lot in future, as you suggest, proper tipping conditions will be imposed in writing.”

There is no evidence that any “proper tipping conditions” were imposed thereafter.

Some measure of the unauthorised tipping is highlighted in Mr Ibbotson’s letter to CBC of 13 February 1989:

“Following our discussions of 9th February 1989, as promised, I detail below the action which I recommend should be implemented in order to achieve the ultimate objective of the reclamation and restoration of the Deene Quarry, and to clear up the problems caused by the illegal tipping of slurry etc. on the site.

Progressive restoration of the Deene Quarry has been achieved by the planned tipping over many years of excavated material from the main reclamation site into the various voids in the quarry. Substantial areas of the site were ready for the final treatment and the spreading of top soil prior to cultivation and seeding. However, this may not now be undertaken until such time as the considerable deposits of slurry have been removed. It is estimated that some 60,000 to 70,000 cubic metres of material have been deposited on the site without prior consent, and the majority of the slurry being in the incorrect location. Substantial areas of the quarry are now sterilized for a long period until such time as the site conditions improve and permit the repositioning exercise.

Recommendations

1.

That the slurry deposits placed in the incorrect locations be transported and placed in the void to be determined by the CDC representative, i.e. Excess material in the Valley of the Drums Area and all the material tipped on TWW's area parallel with Gretton Brook Road. This operation should be undertaken at the contractor's cost.

2, The contractor to be charged a tipping fee of 70,000 cubic metres at 70p -£49,000 for depositing the material in the Deene Quarry. This is in the form of a rate reduction to Noone's Willowbrook Contract. The Council may also consider a further rate reduction by the contractor using internal dump trucks instead of licenced road transport which he would have had to use on the Willowbrook Contract…

5.

A feasibility study be undertaken to ascertain the potential of the Deene Quarry Site as both an inert tip and domestic refuse tip. Amendments to the site licence are also to be investigated with the Northamptonshire County Council.

6.

The use of the Quarry as a tip will ensure that the deposits of slurry remaining on the site become buried, thus minimising the potential liability to Noones. This will also ensure the covering of the slurry with a minimum of 1 metre covering prior to top soiling and, in addition,

generate a tipping royalty to the Corby District Council…”

Mr Hussey reported on this series of events in April 1989; that is set out earlier in this judgment.

On 28 February 1989, Mr Downey reported some improvement in the haul road on Deene Quarry used by Noone & McGowan; contaminated material dropped by them on the road was removed. Some more unauthorised dumping into Toxic Pond 4 occurred, which suggested that it had not yet been filled. By 12 April, he reported that it was two thirds to three quarters full.

On 15 May 1989, Noone & McGowan replied somewhat belatedly to the criticisms made of it:

“A)

Following our internal investigation it would appear from our records that a quantity of between 5,000 cum and 8,000 cum of excavated material arising from the Willowbrook Balancing Lakes Contract has been tipped over and above the quantity required to stabilise the Toxic Ponds Slurries and cover the reinforced concrete blocks.

We apologise unreservedly for this action although we would like to point out that this was not a deliberate act but one brought about by a failure of communication within our Company…

B)

With regard to the grading of the filled area, as you are aware, the nature of the reinforced concrete already in this location, the consistency of the slurry mixture from the toxic ponds and the prevailing weather conditions at the time all contributed to making it impossible to level and grade the fill to the required levels. This operation was therefore held in abeyance until such time as weather conditions permitted. Following the recent dry spell we have commenced work on this regrading and again, we would anticipate completion by the 21^st May.

C)

The remedial works referred to in paragraphs 4 to 6 of your letter have been substantially completed, however we would respectfully point out that the loads of material tipped short of their destination were tipped in order to facilitate tyre repairs on the vehicles which could not have been carried out in their fully laden condition. We accept however that this material should have been immediately removed…”

In the context of reviewing some samples from a part of Deene Quarry, WS Atkins wrote on 7 July 1989 to CBC in relation to dusts:

“A final decision on the requirements for remedial measures can only be made in the light of the further analytical information outlined above. However, depending on these data, particularly the available fractions of zinc and boron, it is possible that reclamation could be limited to the application of a suitable depth of topsoil ie. additional cover or barrier layers may not be required. Benson mentioned the possibility of windblow of contaminated dust onto neighbouring farmland. The application of topsoil and grassing of the site should reduce any windblow of contaminants to an insignificant level. It is possible that use of the site for motorcross during dry weather could cause release of relatively small quantities of contaminated dusts but I would not expect these to pose any real hazard either to site users or neighbouring properties.”

At the LRCG meeting of 31 August 1989, it was noted:

“3.2

Deene Quarry - recent events have highlighted that an overall plan and firm control are required for tipping in Deene Quarry. As ownership is due to pass into CDC hands shortly a tipping scheme can be designed, planning permission obtained etc, in readiness. RI to design the scheme and liaise RCI with D Jones as necessary. Once an accurate picture of the current status of the site is available, consideration can be given to future land use, etc.”

Although there had been no completion, the agreement to purchase Deene Quarry had been in place for some 4 years. The minute suggests that there had been no overall plan and no firm control over Deene Quarry by CBC since they had begun depositing large quantities of material on it. As the later history reveals, there was little improvement.

At the LRCG meeting of 26 October 1989, the following was minuted:

“Fencing is required for entrances into Deene Quarry in accordance with BSC letter about covenants. KRW wants to do a comprehensive report of the whole of the Deene Quarry, and asked RCI to extend Derek Jones commission to cover an area to be agreed by RCI and PJH”

It seems that such an audit was not done. It remains unclear what contaminants were placed, where and in what quantities, save for the material which later went into the contaminated tip and the Soothills material. There never was any comprehensive report about Deene Quarry.

Haiste & Partners were retained by CBC, in November 1989, to produce in effect a scheme for the disposal of contaminated wastes from the Toxic Ponds which was different from what WS Atkin had recommended. This was because, as said by Haiste:

“A feasibility study is on going by Ove Arup and Partners of the construction of a power station on land which includes Toxic Ponds 1 and 2. The client would not be prepared to allow the wastes in these ponds to remain on the proposed site, and they must be excavated and disposed; Corby District Council are considering allowing these wastes to be contained in the facility to be identified in this document.”

Haiste considered the WS Atkins and Geotechnics reports and in its report of November 1989 addressed proposals for Toxic Ponds 1, 2, 5 and 6, the Candy Filter Ponds North and South and the Oil Pond. They recommended an on site disposal facility for the contaminated sludges. CBC was enthusiastic about the idea of the contaminated tip facility. CBC had had the idea initially of using a contaminated tip facility on Deene Quarry and this was driven by cost primarily. The cost of removing the worst wastes to another site would have been enormous. Mr Ibbotson reported to CBC in November 1989 as follows:

“The total reclamation and restoration of the former Deene Quarry Site may be achieved by undertaking a comprehensive reclamation scheme over the site. The tipping void will be restored by the careful planned deposition of waste materials over a number of years, to designed contours, to complete the restoration of the site. Progressive restoration may also be achieved.

The reclamation works undertaken in the correct manner will ensure that all chemical contamination problems which exist on the surface at the present time are eliminated.

An engineered disposal facility to accommodate chemically contaminated material from the Toxic Ponds will ensure that the ponds area is reclaimed and at an acceptable cost to justify Derelict Land Grant funding.

Apart from the removal of a major area of derelict land in an area bordering on high landscape values the reclamation of the site will provide valuable recreational and amenity facilities for the Corby area apart from the substantial revenue which may be generated from tipping on the site.”

WS Atkins were asked by CBC about the idea and wrote back on 20 November 1989 in these unenthusiastic terms:

“The most critical factor in our view concerns the disposal of the highly organic wastes from Toxic Waste Pond No 5; the landfilling of such wastes is generally not favoured by DOE, notwithstanding the fact that they are currently 'landfilled' on this site. Also their physical nature could

present significant practical difficulties. Thus, in our earlier assessments considerable attention was given to pre-treatment options. The views of the NRA and the waste disposal authority are crucial, notwithstanding the implications of any special status that the former steelworks site might have viz a viz planning matters. Also of fundamental importance is the Council's proposed use for areas of the Deene Quarry hinterland where wastes might be placed. It is critical that the solution to one issue does not compromise real development options in the future.”

They were not asked to involve themselves further in this context.

On 8 December 1989, CBC wrote to Noone & McGowan who were still transporting material on the public roads:

“FILLING IN DEENE AREA

With reference to the agreement to deposit fill material in the Deene area, it is noted that despite many verbal requests, the condition of Phoenix Parkway has not been improved and has an unacceptable amount of mud on it.

There is set out earlier in this judgment verbatim the memo of Mr Downey of 15 December 1989 about his reaction when he saw for the first time the Waste licence. It is confirmation that unauthorised wastes had been deposited at Deene Quarry.

The LRCG meeting of 22 March 1990 records that some earthworks were being done on Deene Quarry. This was probably levelling and grading work on material which had been deposited over the previous 7 years. The contract for this work was formally signed on 3 May 1990 between CBC and C A Blackwell (Contracts) Ltd. The specified scope was:

“The work involves the scrub clearance, general earthworks, excavation and spreading of overburden, etc. and site grading.”

The specification went on:

“1-33 DUST NUISANCE - The Contractor must allow in pricing the work for providing and maintaining water sprays whenever necessary for spraying the haul roads etc. to prevent dust rising which would create a nuisance to adjoining property owners.”

By April 1990, the plans for the development of the site at the north west part of Deene Quarry, over Toxic Ponds 1 and 2, to be sold to enable a power station to be built on it were progressing. Corby Works wrote to Mr Ibbotson on behalf of CBC as follows on 17 April 1990:

“Re: Toxic Ponds Area - Gretton Brook Road/Phoenix Parkway

As you will be aware the proposed Corby Power Station is to be constructed on part of the land known as the Toxic Ponds. This project will require the excavation of contaminated sludges and subsoil from the area to be purchased and the transfer of that material to a properly engineered tip facility adjoining the Candy Filter Pond area in Deene Quarry.

Many aspects of this reclamation scheme fall outside of the systems which Corby District Council have operated in the past.

1.

The scheme is not to be funded by the District Council from the Derelict Land Grant budget for this or subsequent years, Corby Power will pay all fees and contractors costs associated with the project.

2.

A consultant will be appointed to represent the District Council's interests in the following matters so that no further claim can be made against the District Council:-

a)

The review of all existing data and technical reports on the toxic pond and Candy Filter Pond areas and the assessment of any further works necessary to provide the information required.

b)

The detailed design of the properly engineered tip facility and the methodology of dealing with the excavation material at source, the transportation and disposal of the material within the tipping area.

The tip itself must achieve the following:-

i)

Contain and retain, now and in the future, all materials arising from the reclamation of the toxic ponds area so as to prevent any escape into the environment.

ii)

Installation of all necessary engineering works to exclude any ground or surface water that might carry contaminants from the tip.

iii)

Construct all necessary engineering works to enable long term monitoring of the tip to be carried out economically and efficiently.

iv)

Be completed to a stage so as to allow landscaping/amenity use for pedestrians, horses and motorcycles.

c)

Gain written approval from the following authorities or authorised agents for all works outlined in (b) above.

On 20 April 1990, NCC’s inspector went to Deene Quarry. In the first inspection sheet in the documents before the Court, he records that there was 24 hour access to Deene Quarry from the Gretton Brook entrance and the entrance off Phoenix Parkway (which was later to become Mitchell Road). There was non inert waste on the site (in breach of the licence) and mud on Gretton Road caused by Weldon road tippers.

On 24 May 1990, the LRCG meeting minutes record that the “fencing to Deene Quarry [was] complete-the site is now secure”. Whilst the fencing may well have been complete, the site was not and did not remain secure. The following is also minuted:

“KRW [Mr Webster] said he would still like an overall master-plan for Deene Quarry, including constraints and accesses etc, to go to committee. Planning applications could then be submitted as necessary.

Supervision - to control tipping etc - KRW said staffing issues to be considered at next meeting.”

There is no evidence that there was “an overall master-plan”; all that happened was an ad hoc use of Deene Quarry as and when it was thought expedient.

By the next meeting of the LRCG on 5 July 1990, it was decided that the tip containment facility should also take contaminated material from the Willowbrook North area. Over this period, Dr Smith was researching for the design of the contaminated tip facility and was considering what sort of lining was required. Tenders were invited in August 1990 for the supply and installation of the lining.

In September 1990, Ove Arup in a report indicated what Corby Power’s intentions were in relation to Toxic Ponds 1 and 2:

“The proposed reclamation works can be summarised as :

On 4 September 1990, Mr Webster wrote to NCC explaining what was intended:

“…The proposals are basically as follows:-

1)

The existing void to be enlarged to accommodate the increased volume of contaminated material required for disposal, i.e. l00,000 cubic metres plus bulking;

2). The design capacity of the void, is approximately 120,000 cubic. metres and this will allow for the addition of blending material, plus a capping layer upon completion of the tipping operation…

6)

The first operation is to undertake the earthworks on the site to enlarge the existing void and produce side slopes of a gradient of 1 in 3, together with a slag access road around the perimeter of the void. A 300mm layer of sand is to be placed in the bottom of the void prior to the installation of the membrane, for protection purposes. The membrane to be installed to the base and sides of the facility with anchoring trenches around the perimeters of the void. An underfelt material to be placed between the membrane and the bank slopes for protection purposes. A further layer, 300mm thick, of sand to be placed in the bottom of the facility on top of the membrane to prevent damage when infilling takes place. The sides to be protected, also prior to infilling with tyres, etc. Upon completion of the infilling operation a -cover layer of fill materials to be placed over the contaminated tipped material to a minimum thickness of 1 metre. The membrane is then to be installed over the top and welded to the membrane located at the sides of the void. Cover material, minimum thickness 1 metre, is then to be placed over the membrane prior to further restoration on the site.

7)

Gas venting tubes to be installed in the top of the membrane layer to vent any gases to the surface. These venting pipes will also enable the long term monitoring of the facility for any gas build up within the membrane.

8)

The method of infilling the void is to import the contaminated material from the Toxic Ponds Area, place in the facility in layers and blend with suitable material from the Deene By Products Plant Area to ensure that the fill is more workable. The infilling operation is proposed to commence in December 1990 and take approximately 4 months to complete.

On 24 September 1990, CBC let to Weldon Plant the contract for creating the void for the contaminated tip facility. The Scope of Works was described as:

“The work involves the scrub clearance of the site, general earthworks to form void for future infilling and the importation and stockpiling of fill from adjoining site.”

The usual provision for Dust Nuisance was specified:

“…The Contractor must allow in pricing the work for providing and maintaining water sprays whenever necessary for spraying the haul roads etc. to prevent dust rising which would create a nuisance to adjoining property owners”

The Bills of Quantities identified 31,000 m³ of the following material to be excavated:

“Excavate in any material in bulk in open, including mass concrete, reinforced concrete, brickwork, grillage foundations, piles, slag and

The amended waste licence issued on October 1990 entitled CBC to deposit waste now described as:

“2.

Types of Waste

The types of waste accepted at the site shall consist of that described in the existing licence and contaminated material from the area of the Toxic Ponds and the Deene By Products Plant as defined by previously submitted analysis. Should waste entering the site appear to fall outside these permitted wastes it should be isolated and the Waste Disposal Authority informed. No free oil or aqueous waste shall be deposited at the site.”

No other material alterations were made. Thus the material to be placed had to be dry.

The lining work and the excavation work proceeded in November and December 1990. On 9 January 1991, the CBC contract with Agru was signed in relation to the lining for the contaminated tip facility.

Corby Power employed Balfour Beatty as its main contractor with a requirement to use a sub-contractor, Weldon Plant, selected by CBC for the placing of excavated materials into the tip facility.

In February 1991, the Environmental Advisory Unit of Liverpool University, having been retained by CBC the previous year, produced its report about Toxic Pond 5. The principal aims of the investigation were to determine the chemical composition of the liquors and sludges present in that pond and assess the degree of contamination in order to define an appropriate reclamation strategy to allow the pond area to be re-developed. Conclusions included the following:

“i.

The pond was found to be contaminated with sludges containing a high proportion of organic material of which a large fraction was composed of hydrocarbons derived from industrial processes…

ii.

The concentrations of inorganic contaminants were found to be generally low and do not preclude the methods proposed for the treatment of the sludges.

iii.

The water perched above the sludges was found to be relatively uncontaminated and poses no significant treatment problem.

iv.

A number of treatment methods have been proposed for the sludge material which include bioremediation, vitrification and consolidation. From the present data available bioremediation appears to represent the most viable option.”

This recommendation was not followed in the event.

Dr Smith was anxious as to what the nature of the material would be when it arrived at the tip facility. He wrote to CBC on 6 February 1991 a few days before material was supposed to arrive:

“I understand from Rod that infilling is to begin on about the 11^th February; that you have been informed verbally that some 95 to 100,000 m³ of material are to be transferred; that ca. 10,000 m³ will be sludge and the remainder "contaminated soils". Separate dumper fleets will be used for each material and a wet cell will be built in the tip to receive the sludges. We shall attempt a degree of thickening on site with our stock piled Deene Works clays.

I assume you have forwarded all the relevant information in the Council's possession.

It appears, then, that you have no written statement of what the contaminated soils and sludges may contain. I cannot easily tell which of the analyses relate to sludge or soil; whether they are "U2"; or whether they are to be dug and transferred. Nor am I happy about trying to draw my own conclusions from a partial set of information when we are dealing with toxic waste, safety and health,

Corby Power would not be allowed by the WDA to move one load of this material off site without full documentation, yet they propose to hand us ca. 200,000 tonnes with so little information.”

He wrote to Ove Arup on 15 February 1991 complaining in effect that firm had not supplied the requisite information about the nature of the materials which was to be delivered to the tip facility. He described their behaviour as “cavalier” to Mr Ibbotson on the same day. He had a meeting on 18 February 1991 with Ove Arup who showed him more geotechnical and chemical information so that he was able on 20 February 1991 to report to Mr Ibbotson that on his “crude guess” was that some 63,500 m³ of slurry type material would be excavated from Toxic Ponds 1 and 2. Tipping started at the tip facility in mid-February 1991.

By 21 February 1991, the lining was completed at the tip facility and an extension to the lining was to be provided ( a contract for the extension being signed on 12 May 1991). At a LRCG meeting that day, it was reported that chemical alarms were going off and that vehicle operators at the Corby Power job on Toxic Ponds 1 and 2 were wearing breathing apparatus.

Weldon Plant as sub-contractor to Balfour Beatty deposited contaminated material on the haul road. Mr Ibbotson wrote to Ove Arup about this on 20 March 1991:

“Contaminated Tip Facility

Following my site inspection of yesterday I observed contaminated material and slurry being deposited at various locations along the haul road from the dump trucks transporting the excavated material to the tip facility.

I should be grateful if you could bring this matter to the attention of your contractor, Balfour Beatty, and ensure that the necessary precautions are being taken to prevent this happening again in the future.

I would consider that action taken now prior to the commencement of moving the slurry deposits in pond 2 would ensure that there is no disruption to your earthmoving operation as a result of having to clear up the mess along the haul road.

I propose to discuss with you on my next visit to Corby the necessary remedial measures required to clear up the contaminated ground along the haul road.”

From a letter dated 11 April 1991 from Mr Ibbotson to Mr Webster, it is clear that CBC was employing a contractor to move the contents of the Oil Pond to the tip facility. This was explained somewhat more in his later letter of 23 April 1991:

“I am pleased to be able to inform you that the majority of the oil, and oil

contaminated material in the "Oil Lagoon" has been excavated and the slurry material placed in the tip facility. The pond will be backfilled to prevent filling up with water and the whole area surrounding the lagoon will be excavated and placed in the facility at a later date. I have requested a price from Weldon Plant for undertaking this work and based on moving some 3,000 cubic metres of material and subsequently backfilling the void, the estimated cost is £7,500.00.”

There was no entitlement under the Waste licence for material from the Oil Pond or Lagoon to be placed in Deene Quarry.

On 17 May 1991, Dr Smith wrote to Mr Ibbotson about the material deposited by Weldon Plant:

“As requested I sampled on 26.3.91 the windrows of clay-like material accumulating along the edge of the Corby Power haul road as a result of grader activity. The road surface was receiving a constant splattering of sludge and wet soil from the bodies of the trucks and from spillage slopping over the truck sides and tailgates. This was inevitably far worse on the incoming journey than on the return journey to the CP site (we have photos of the separate road surfaces going in and out of the tip). The windrows comprise a mixture of pre-existing slag and ironstone soil, contaminated by splashing, and of sludges bladed off the haul road.

Representative samples from five separate, evenly spaced locations were analysed at NECL. Results are attached. All the samples are contaminated to levels unacceptable for landscaping etc. (i.e. For plant growth). The windrow materials should, therefore, be properly disposed of in the waste facility, or some other suitable burial site, prior to levelling the area for landscaping. Note the very high sulphate and high ammonia levels that are characteristic of the wastes from TWPl. There can be no doubt that the Corby Power site is the source of the contamination. We have retained samples for more detailed analysis, if required, to match the organic compounds with TWP 1 sludge samples…”

Dr Smith’s results for the relatively limited number of samples taken showed high levels of Toluene extract but low levels of Cadmium. Mr Ibbotson wrote back several days later saying that the contractor had excavated the “windrow material and placed it in the tip facility”.

The Deene Quarry site remained insecure. A memo of 27 June 1991 describes an incident:

“This section has recently been made aware of an accident at the above site in which a dog followed a rabbit on to the site and "fell" into a "pond" of sump oil and other toxic chemicals. Its owner gained access to rescue it

through damaged fencing around the site. I am concerned that children and other persons may gain access to the area and be exposed to a similar risk. Please advise as to the action taken to avoid any future risk as I am given to understand that this authority is responsible for the maintenance of boundary fences and the security of such "ponds".”

By July 1991, the tipping from Toxic Ponds 1 and 2 was completed and CBC wished to secure an extension to the tip facility. A contract was let and work was proceeding by December 1991.

Deene Quarry remained insecure. The County Council wrote on 28 November 1991 to Mr Ibbotson (who passed it on to CBC) as follows:

“DEENE QUARRY LANDFILL SITE

At present there is unrestricted access for vehicles to Deene Quarry at the new Power Station end of the site. Recent developments here have meant that the original fencing and gates no longer afford any control of tipping.

This situation may have contributed to the influx of waste consignments containing wood, plastics, bitumen, etc., recently taken onto site and tipped nearby, whether this is tipping by unauthorised people or not, the consent for tipping inert waste only is being ignored and also the indiscriminate disposal of tangled reinforced concrete may give restoration difficulties.

The situation here contrasts sharply with the excellent restoration work achieved in other areas of Deene Quarry and perhaps you could view the area concerned and establish what needs to be done to correct any of the current licence infringements.”

The internal reaction later in December was that permanent gates needed to be provided. I do not accept that there was excellent restoration work elsewhere in Deene Quarry at least judged by reference to public safety.

On 10 January 1992, NCC reported to CBC that more unauthorised depositing of inert waste had occurred at Deene Quarry, on this occasion from the Kingswood part of Corby. Mr Cropley’s apologetic reaction in his reply of 23 January 1992 was:

“The unauthorised importation of material has been suspended until such time as the matter can be regularised.

I am sorry that permission for this work was not sought in advance, this was unfortunately due to a misunderstanding of the situation between officers of this Council.”

The material was said to be for the filling of the Toxic Ponds. This indicates either a conscious disregard for the licence requirements or ignorance on the part of CBC.

Access to Deene Quarry was somewhat more restricted but still open by January 1992 as indicated by a CBC memo of 23 January:

“…there are [2] main access points to Deene Quarry. The gates off Gretton Brook Road should be kept locked at all times except when in use by the Council's contractors. I assume that the Engineers Section have keys and can control usage.

However, in view of the Deene Raceway proposals to use the Gretton Brook Road entrance there is a danger of unauthorised access to the Deene Quarry area from this direction. This will need to be considered and appropriate measures implemented.

With regard to the new road off Phoenix Parkway, Corby Power have now erected fences around their site and I am not aware that they have permission to use any of the Council's land for contractors compounds or

storage purposes. Unauthorised access from this direction is difficult to control without proper fencing. Universal Salvage will be required to fence their particular site. In the meantime I suggest that the land is bunded with access restricted to one point itwriediately off the new access road with a set of gates provided.”

Fly tipping continued as for instance was reported in NCC’s inspection log of 24 April 1992. Mr Cropley in a note of 27 April recorded that the locks on the Gretton Brook Road entrance gates were broken off and Corby Power was dumping waste on Deene Quarry. He arranged for Mr Bird to visit the site daily to check against unauthorised access and limited the availability of keys.

By June 1992, Mr Cropley and his team had prepared tender and design documents for Contract 70 for the reclamation of Toxic Ponds 5 and 6 and the two Candy Filter Ponds. Some 40,000 m³ of contaminated materials were estimated as requiring excavation and removal. The works were described as follows:

“The works comprise the removal of water and sludges from the ponds. Disposal of sludges to a tipping facility within the site, approximate length of one way haul is 1.4km from Toxic Ponds 5 & 6 and 0.4km from Candy Filter Ponds North and South. Disposal of water to the Corby Sewage Treatment Works by pumping to a gravity sewer. Filling voids with suitable material”

The Engineer for the job was to be Mr Cropley. Relevant parts of the Specification were:

“112 Mud on the Highway

The Contractor shall take all reasonable precautions to prevent contamination of public roads by vehicles leaving the site. These shall include wheelwashing in the event of contact with toxic materials. These precautions are to be agreed with the Engineer.”

On 25 June 1992, the NCC inspector recorded that there was “no local control, tip users appear to face no restrictions on types of waste brought onto site”. Later, in July, he reported “random tipping” and mud on Gretton Brook Road. Matters had not improved significantly in this regard by August 1992.

Weldon Plant was awarded Contract 70 on 10 September 1992. There is set out in the General History chapter of this judgement a history of Contract 70 which will not be repeated here. Mr Cropley, Mr Palmer and Mr Bosence (before he was moved on in about March 1993) were the supervisory team for CBC. Work including a new haul road was to commence on 19 October 1992 as recorded in the minutes of a meeting held on 15 October 1992.

The extension to the contaminated tip facility, which was supposed to have been completed many months before, had been suspended since December 1991 and it was only in about September 1992 that work resumed. As recorded in a letter of 6 October 1992 from Mr Ibbotson to CBC, the first thing that needed doing was 24 hour pumping out of a large quantity of water which had accumulated in the hole which had not been capped beforehand. This must have been contaminated by what had already been deposited there from the Toxic Ponds. The contaminated water was just to pumped onto adjacent land.

Weldon Plant had a independent organisation, Environmental Resources Ltd, do a survey; it reported in November 1992 as follows:

“AREAS IN DETAIL

The ponds gave an oily, tarry odour. The fact that they have an odour indicates that they contain some volatile or semi-volatile compounds. The

sludges are due to be removed and tipped in a previously prepared toxic dump away from these pits, and the water is supposedly fit to be discharged into the foul sewer. These disposal routes are outlined in the tender specification. The fly tipping around the toxic ponds appeared to contain waste organic materials, again giving organic odours. Some of these wastes are unidentified.

The fly tipping in the central areas of the site appeared to consist of concrete, building wastes and sub-soils, but only on excavation could all of these materials be identified.

Stockpiles of materials in the southern and south-western regions of the site appeared to consist of what would usually be described as inert materials, being comprised of excavated subsoils, clays, stone and other materials that for earthmoving purposes would normally be classed as 'muck'.

The central and eastern areas of the site, in the ungraded and rough areas showed several signs that give cause for concern…

• Some fibrous material was found in the surface material in. a fuel ash area (ref. TPC/1). Not being wood fibre board or fibreglass, this material was therefore considered to possibly be fibrous asbestos. Subsequent analysis has shown this to be the case…

• Large amounts of exposed slag were present over the central areas. The slags were variable in their density and physical appearance. It was apparent that most of the exposed slag walls which faced the south were covered in white crystalline deposits. It was apparent that these slags were undergoing degradation due to leaching. Products in the slag are dissolved in either rain or groundwater and are deposited on the slag surface as the sun dries out the surface, evaporating the water and leaving the salts behind. This would appear to indicate that these slags are unstable.

• The slags themselves appear fairly variable. The chemical composition of these slags is unknown. Slags from former metal production processes are known to sometimes contain high concentrations of metals and sulphides.

• Leachate was running freely from one of the exposed faces in the central area. The composition of this leachate is currently unknown, as is the final destination of this leachate.

• Several locations in the central area showed signs of oily contamination. Oils seepage and staining were visible, and surface scraping of these areas revealed oily sludges. The type(s) of oil was unknown, but odours were similar to those of quenching oils…

Owing to what was found on the walkover on the site, seventeen samples were taken of a wide range of materials…”

Cadmium and Chromium were found to be relatively low but there were some raised levels of Nickel and Toluene Extract. The overall results were summarised:

“The results showed that significant contamination was present on the site in some of the samples examined. As stated earlier, this is not a complete contamination testing suite, but it has shown that there are a number of contamination problems on the site which may need addressing prior to work in this part of the site.”

Weldon Plant was also awarded a contract by CBC on 4 November 1992 for earthworks at the contaminated tip facility. The work involved site works and general earthworks to form the void extension together with the provision of sand infill for the void. Anglian Water permitted the discharge of the water from the ponds into their sewers.

By 3 December 1992, because the extended tip lining work was incomplete, it was resolved that the sludges for Toxic Ponds 5 and 6 should be deposited temporarily in the Candy Filter Ponds. This was started on 8 December as recorded by Mr Bosence. The County Council recorded mud on Gretton Brook Road on 8 December 1992.

Sludge in slurry form began to be delivered to the tip facility on 2 February 1993. The haul road was and remained heavily contaminated by spillages from the contractor’s dump trucks. On 9 February 1993, complaints were recorded from police as to mud on Gretton Brook Road; the sweeper had broken down, it was noted. The haul road was in part described in records on that day as being in an appalling state. The following day at the request of the police some mud was cleared from the road. But it was still present on 11 February as recorded by Mr Bosence. Mr Bosence asked the contractors to use the inadequate wheelwash.

On 24 February 1993 at Site Meeting No 5 on Contract 70, there was confirmation that Weldon Plant was mixing other material with the sludge which was in slurry form within the contaminated tip. Thus it was being delivered to the tip wet.

Sampling was done of the wheel wash water by BSC who reported to Weldon Plant on 2 March 1993 that it was relatively unpolluted. However, as Mr Bosence said, it was not being used much if at all. The haul road continued to be awash with contaminated material. On 9 March 1993, Mr Buckland recorded that spillages were being bulldozed into the hill and dale formation (as opposed to the tip facility). The series of misfortunes which had occurred on Contract 70 led to Mr Ibbotson’s letter of 9 March 1993 set out earlier in this judgement.

By May 1993, the future of Deene Quarry was reviewed by Mr Phillips in a memo to Mr Webster. 8 acres had been sold to Corby Power (including the site of Toxic Ponds 1 and 2, 20 acres (including the rest of the Toxic Ponds) was on offer to Universal Salvage, and the rest was earmarked as amenity or Deene Raceway or as a “Trails Park”.

Contract 70 was completed by about 30 June 1993, albeit substantially late. Weldon Plant’s final account referred to some 42,000m³ of sludge or contaminated material being excavated and disposed of. Some 37,000m³ of slag was imported from elsewhere on the site to mix with the sludge. An extension of time of 10 weeks was sought for the delay.

Fly tipping was reported as continuing in August and September 1993. The gates were open and the tipping remained until at least November 1993.

Contracts for drainage and tip restoration at Deene Quarry were let by CBC to Noone & McGowan in November 1993. The drainage work was on some 24 acres of Deene Quarry and involved excavation (some 2,700m³) and lining for a balancing lake and an associated inlet ditch and outlet structures including a head wall into the Gretton Brook Road. These two sets of work had commenced by January 1994 and the drainage was substantially complete by about April 1994 and the tip restoration by about August 1994.

Yet another contract was let by CBC in January 1994 to Weldon Plant for earthworks which comprised excavation and removal of contaminated material, concrete, steel, and existing non-contaminated material, placing in contaminated tip on site, importing cohesive material and placing in layers to provide capping to site. Some 12,500m³ of contaminated material was expected to be excavated and disposed of in the tip facility. This was complete within a few months and no later than October 1994.

In February and March 1994, mud and mud staining was noted by the County council on Gretton Brook Road. There was a real problem over the first four months of the year with mud being taken out by vehicles for Deene Quarry on to the public roads as identified in the CBC memo of 14 April 1994 set out earlier.

At some stage in late 1994, CBC sold the 24 acre site which included Toxic Ponds 3 to 7 to Universal Storage. The balancing lake was on or at least partly on that land.

Activities proceeded on Deene Quarry. A diary note for 19 January 1995 describes the haul roads to Deene Quarry as “very wet and muddy”.

In February 1995 a contract was let by CBC to Weldon for landscaping at Deene Quarry. Work on this was to start in March 1995. The formal contract is dated 2 April 1995. The works comprised the excavation and removal of contaminated material, concrete, steel, and existing non-contaminated material, placing in stockpile on site, importing cohesive material and placing it in layers to provide capping to site and taking topsoil from existing stockpile and spreading and seeding. Over 4,000 m³ of contaminated material was to be excavated.

Mud continued to be a problem emanating from Deene Quarry. NCC wrote on 10 March 1995 to CBC:

“Secondly, it has recently been brought to my attention that there have been problems of mud on the road along Gretton Brook Road associated with activities at Deene Quarry. Whilst it is recognised that there are no conditions imposed upon planning permission 4M which can control this situation, it is felt that more could be done so as to prevent what is potentially a highway safety problem along this stretch of road. It was noted at a visit to the site on 9th March 1995 that a temporary warning sign advising of mud on the road had been installed and I am writing to enquire if it is possible for additional measures to be employed on site to prevent mud being brought out onto the highway.”

A diary entry of 20 March 1995 records that Noone & McGowan had taken “loads of unsuitable material” to Deene Quarry. As from April 1995, contaminated material fro the Willowbrook North reclamation started to be deposited in the tip facility. By late May 1995, the LRCG was being told that the tip was nearly full. Mud on Gretton Brook Road was again reported. Although on 6 June 1995, the County Council reported the facility as full, it also recorded that Willowbrook material was still being brought in. The tipping continued nonetheless. Although at least Mr Palmer was aware of this concern, it is not minuted as being discussed or raised at the next LRCG meeting on 22 June 1995.

Fly tipping continued at Deene Quarry as confirmed in a County Council inspection log for 12 July 1995, which by inference indicates that the entrance at Gretton Brook had not been kept locked. They were then locked but entrance was gained by fly tippers through a gap in the fence.

By August 1995, Rockingham Speedway was very interested in buying and developing the eastern end of Deene Quarry. A meeting between CBC and the Environment Agency on 25 August 1995 discussed this. The notes record:

“M.B [Mr Bosence] stated that during the excavation of the cell for the storage of soot/slag material a coal tar lagoon was found, subsequent testing indicated that the material was of very high carcinogenic properties. To compound problems the material was backfilled over reinforced concrete.”

This highlights that some excavation in contaminated material had been carried out over the preceding period to provide a deposition area for the material to be expected from the Soothills reclamation.

In about October 1995, CBC had received tenders for the capping of the contaminated tip facility. A contract was let to Noone & McGowan and the work was proceeding by November.

There was evidence referred to in oral testimony which I accept and to some extent in records that much of the tipping of Soothills material was from a face; put another way, lorries were dropping their loads from a great height into the depositing area. In dry conditions, this would have generated substantial quantities of dust.

In late 1995 and well into 1996, another contract had been let or possibly a variation to another contract had been issued by CBC for the provision of a liner to cover the tip facility. There is no contract documentation before the Court about this contract or variation but there is reference in LRCG meetings in January and February 1996 to progress on the “liner”.

Various NCC inspection logs in the first part of 1996 demonstrate that the wheel wash at the Gretton Brook Road entrance was inadequate. Mud continued to be deposited on Gretton Brook Road.

As at 14 March 1996, the LRCG meeting minutes record that the tip works were substantially complete, although later documents suggest that some work remained to be done. The Gretton Brook Road entrance was still being used by a “concentrated number of lorries” on 18 April 1996 as noted by NCC on 22 April 1996.

It was in March 1996 that tenders were received for the Soothills reclamation which involved substantial works at Deene Quarry to enable the materials excavated from Soothills to be accommodated.

Much of the history relating to the Soothills work is recorded earlier in this judgment and will not be repeated here. Fly tipping continued largely unabated throughout much of 1996 and 1997 and there seems often to have been unauthorised access through the Gretton Brook Road entrance. There are a number of complaints by the NCC inspector about loads, such as tarmac and wet loads, being deposited at Deene Quarry, which were unacceptable. An example is on 13 June 1996 when an unacceptable wet load with tyres was deposited. Work had started on Soothills and material was by then being transferred to Deene Quarry. This history suggests that such controls as CBC had were inadequate and that CBC was and was kept aware of these inadequacies.

By July 1996, CBC knew that the area which it had designated for the Soothills wastes would not be large enough. A file note of 19 July 1996 from Mr Palmer confirms this: the extra 75,000m³ was to be laid in a one metre layer over clay in cells and topped with ¾ of a metre of “clay type material”; it was not proposed “to formally engineer the base or the cap”. It does not appear that this was designed by any independent consultant.

Fly tipping persisted through the Gretton Brook Road. The NCC log for 3 September 1996 records that material was tipped on the internal haul road. The gates had not been padlocked or manned.

By mid-October 1996, Deene Quarry was receiving up to 180 lorry loads of contaminated material from Soothills. The Mills Road Phase 4 contract works had started in late September 1996 and were probably completed in early December 1996 and that involved the importation of excavated material from the Gretton Brook Road entrance. It was reported as progressing well towards the end of October 1996 in the LRCG meeting minutes for 29 October 1996 as well as the fact that a new void had had to be excavated for the Soothills material as the first was full up.

On 12 November 1996, the Environment Agency Report records that the Soothills material continued to be imported into Deene Quarry: "appreciable quantities each week despite lack of void space". On 20 November 1996, the Environment Agency wrote to Mr Ibbotson at CBC referring to the fact that there were on Deene Quarry stockpiles of large quantities of graded waste materials from Soothills. Mr Ibbotson wrote on 24 November 1996 to Mr Webster in relation to that saying that the stockpiling and recycling of such materials appeared to be in breach of the site licence conditions. Site roads were noted as being very muddy and that some mud was getting onto Shelton Road.

At the LRCG meeting of 19 December 1996, it was accepted that the security at Deene Quarry would have to be "stepped up" and it was agreed that Mr Buckland would control the site. This suggests, as seems to have been the case in any event, that there had been inadequate security and control up to that stage.

By the third week in January 1997 the Environment Agency was recording on its inspection log that the state of the site roads internally was “appalling” and that Soothills material stockpiled on Deene Quarry was being removed. Later on 5 February 1997, it recorded that this was continuing and was contrary to the licence. A later report shows that some of the material was being used for a haul road on site. It was only on 13 February 1997 that Mr Ibbotson told Noone & McGowan to stop. Mr Ibbotson in his letter of 17 February 1997 to Mr Webster told him that the stockpiled slag was found to be “Difficult Waste” and well above threshold levels with regard to arsenic and sulphate and “much greater than the information previously given” to him by Noone & McGowan.

Mr McGrenaghan sent a memo to the Chief Executive on 27 January 1997 recording that, although the access gate at Mitchell Road was locked, at Gretton Brook Road was not; he observed a Noone & McGowan lorry enter with a load of “muck” from another site. The Chief Executive’s response was that it might be that this was legitimately capping material for Deene Quarry. vAs at the LRCG meeting of 20 February 1997, there remained capping off of slag deposits at Deene Quarry.

On 25 February 1997, Mr Webtser wrote in answer to Mr Ibbotson’s letter set out earlier in the judgement:

“Thank you for your letter dated 17th February updating me on various matters at Deene Quarry.

We did of course discuss these at length at the Land Reclamation Co-ordination Group meeting on 20th February and I emphasised the need for a strict control regime at the tip, for the following reasons:

Mr Bosence wrote what was clearly a frustrated note to Mr Webster on 28 February 1997 to seek explanation as to why there had been breaches of the terms of the licence:

“I attach a copy of the WAMITAB certificate presented to J. Buckland. As you are aware, the tipping operation recently supervised by J. Buckland was the placing of contaminated material excavated from the Soothills Site into a contained cell. I have examined the certificate issued to J. Buckland and it clearly states that it is for the managing of landfill operations of biodegradable waste. The Soothills waste is not biodegradable but is Category F Special Waste. It would appear that the tip supervisor does not hold the correct certificate to manage the filling operations on the behalf of Corby Borough Council.

I also attach inspection reports regarding the above site No 09308, 09320, 09348, 10014, 10471 issued by the N.C.C. under the Environmental Protection Act 1990. I would make the following observations that I would wish you to investigate.

1.

Report No 09308. Why are Weldon Plant using Deene Quarry to tip Contaminated soil from the Eurofleet Site.

2.

Report No 09320. N.C.C. tip inspector states that the Contaminated Cell has now been filled. The inspector further states that over filling must not [sic-now] be witnessed. It would appear from that statement that illegal activities took place. What was done to stop this by our independent site inspector employed by C.B.C.?

3.

Report No 09348." The amount of imported material has now exceeded that necessary to restore Contaminated cell". Was the material contaminated, where did it come from, what additional provision were made to contain this material and prevent contamination to surrounding areas, has the location of this material been identified and recorded.

4.

Report No 10471. The report clearly states that Weldon Plant are importing material from Geddington Road. What provisions were made to record the importation of this material, what system was setup to recharge Weldon Plant when carrying out works for a private client and using the C.B.C. Deene Quarry Tip. Has there been a financial loss to this Council in respect of losses in Tipping fees?

As you can see there may have been a large scale uncontrolled tipping operation at the above site with a possible financial loss to this Council. What records have made by the tip inspector who was responsible for overseeing this operation?”

It is clear from Mr Bosence’s evidence that it was his view that there had been large scale uncontrolled tipping at Deene Quarry and that he considered Mr Buckland’s involvement as inadequate.

On 4 March 1997, Noone & McGowan wrote to CBC saying that 15,000m³ of material had come from other non-CBC sites. There was evidence that 8,000m³ came from an old cinema site in Kettering and was probably clay for capping. Mr Buckland’s note book for early March shows that contaminated material was still coming from Soothills. As at 13 March 1997, part of the Soothills stockpiles which had not been removed remained on Deene Quarry.

On 10 March 1997, Mr Ibbotson wrote to Mr Webster confirming the following:

“There are no specific records of materials being deposited in Deene Quarry, except to say that substantial volumes of fill were being delivered to the site by various contractors, with apparent approval from CBC. This material was used for restoration purposes.”

Apart from some notebook notes from Mr Buckland in the late 1996-early 1997 period, there are no records of what was deposited at Deene Quarry or in what quantities or from what source.

Dr Smith confirmed on 12 March 1997 that he had had a very limited involvement in Deene Quarry; he had only considered the tar lagoon encountered and considered the one in sixty lorry loads which were sampled.

By late March 1997, the remaining stockpiled slag material from Soothills was being placed in Area C of the contaminated tip facility. This continued for some time and large quantities of dust were generated. The capping of the slag deposits had not commenced by the end of April 1997 but it had started by 8 May 1997.

On 25 March 1997, the then Safety Officer, Mr Larter, of CBC reported to the Chief Executive about the operation of the Deene Quarry:

“I informed the Chief Executive that I intended to advise the Council on the Current operation of a licenced tip at Deene Quarry.

I have had an opportunity to consider the operation of this tip, the management of the facility and the generation of waste as an Authority and in particular waste and special waste at CBC engineering construction sites.

I am concerned that a substantial number of irregularities are indicated in the documentation provided and I feel it necessary to draw to your attention the concerns I have regarding the proper operation of this facility.

I was not aware of either the existence or the operation of a licensed waste disposal facility until 1992. Prior to this date the Engineering Project Team had its own Safety officer Mr. Benson Downey. I assume it was Benson Downey who was involved in the original application for a Licence and provided a working plan for the work of clearing the Corby Power site.

I was made aware that the Corby Steelworks Deene Quarry tip was to be used for the clearance of the Toxic Ponds in 1992 and Contract 70 described the scope of the works as the removal of water and sludges to a specially designed tipping facility within the site. My understanding was that the Deene Quarry site work was to be overseen by a Consultant Engineer who would arrange to tidy up the existing toxic pond site, dispose of the special waste materials into a waste cell, cap and close and maintain the tip.

This belief was confirmed when I received a letter from R.C. Ibbotson Consultant Engineer dated the 24 November 1995 informing me that the capping of the infilled chemically contaminated site at Corby Steelworks Deene Quarry tip would begin on the 27 November 1995.

The implication was clearly that the site was full and ready for capping.

I was extremely concerned therefore to be informed on the 12 March 1997 that A Licence C20 Deene Quarry was still in operation and that changes in the licence had been applied for and received. I understand that as well as the new materials under the licence being tipped, unauthorised waste outside of the terms of the licence, including special wastes had been placed in the tip with the knowledge and acceptance of employees of Corby Borough Council. I also understand that the site although in control of the CBC Agent Consulting Engineer was open and uncontrolled for a considerable period during which time it is alleged unspecified unauthorised tipping may have taken place. I was concerned to see that a proposal was made to the DODS [Director of Development Services] by the Consulting Engineer for more (special) waste to be placed on the Deene Quarry tip site as late as February 1997…

As we may be unaware of the contaminants from the unauthorised tipping it is very important to advise any Contractor carrying out this work that known contaminants and unknown contaminants may be present…

Known Contaminants on the site include:

Solids Coal tars…

Heavy metals

Liquids Phenols…

Toluene

Mineral oils

Gases Hydrogen Cyanide…

Unknown Contaminants and the effects of cross contamination and mixtures of unknown chemicals may already be a serious problem…

Records of waste appear to have only been kept over a very short period

and those records indicate only inert waste being on site. Other information would indicate differently…

The safety plan is not on site neither is a copy of the notification made by the Planning Supervisor to the HSE of the commencement of Construction

works…”

There appears to have been no answer or challenge to the contents of this memo.

Unauthorised entry was still being recorded by the Environment Agency near the Gretton Brook Road entrance on 21 May 1997. The membrane work involved in the capping continued in June as did the spreading of material, which included some contaminated material. In late June 1997, ground conditions were said to be muddy due to bad weather.

As at 7 July 1997, the LRCG meeting was told that there were some stream works still needed, infilling, bank improvements, grills over both culvert ends, clearing out of stream beds and some 8,000m³ of earthmoving still required.

On 10 July 1997, the Environment Agency wrote to CBC as follows:

“The Environment Agency therefore, accept that Ray Bird and Mark Bosence, with reference to their qualifications and prior experience… should be approved to act as the technically competent persons on a temporary basis for the sole purpose of completing the capping / restorations of the area of deposit of the Soothills waste. This work you have estimated will take 7 weeks to complete. I will require a date when works should be complete to be submitted in writing along with regular updates on the progress of the capping and works still to be done. This approval to continue the works does not in any way give approval for the use of the lime dust over the membrane which is currently subject to discussions between Mark Bosence and my colleague Adrian Lack. Once the works have been satisfactorily completed all works shall CEASE at the site with the exception of environmental monitoring and any other measures deemed necessary by the Environment Agency for the purpose of preventing pollution of the environment and harm to human health. I understand that the site entrance will be closed off after the specified works have been completed.

No further deposit of waste or restoration work shall occur at the site until further notice pending the independent report on the site and agreement with the Environment Agency. The problem with the technical competent persons on the site will need to be addressed; If may be an option for the Environment Agency to consider a temporary suspension of the licence after the current works are complete.”

The “independent report”, if it was ever obtained, has not been provided to the Court.

Mr Bird spent some time after about June overseeing the works at Deene Quarry, being done by Noone & McGowan. By August 1997, the Environment Agency was reporting the Soothills capping on Deene Quarry as complete.

Over the following months, there were extensive discussions about the purchase of the north eastern part of the Deene Quarry site by Rockingham Speedway. There was concern to ensure that the substantial quantities of contaminated material particularly from the Toxic and Candy Ponds in the tip containment facility and the Soothills materials were not disturbed and that the monitoring of gas and water continued.

In July 1997, Ove Arup was asked by CBC to do a “landfill audit” on most of the areas. By the time of its draft report in March 1998, it had not been given access to the paperwork and had not carried out any site investigation in relation to Deene Quarry or the Toxic Ponds. This part of the audit was never done. The result is that there is no comprehensive back analysis of what contaminants went where and in what quantities; one can only review the historical documentation that remains.

There is no record of any significant work being done on Deene Quarry after August 1997. By the time that Rockingham Speedway began work in mid-1999 on the site which it purchased from CBC, the tip containment facility was fenced off. Over the following months, some of the Soothills material was relocated by Rockingham Speedway, as confirmed by the Environment Agency’s inspection logs of 9 October and in December 1999. The quantity is unclear but I infer that it was not insignificant as its relocation continued over some four months. The relocated material was capped. The Rockingham work was sufficiently completed by May 2001 to enable the first race meeting to be held.

I conclude from the whole history relating to Deene Quarry as follows:

There is already set out in this judgment a substantial part of the history relating to this part of the reclamation and it will not be repeated here.

This was an area to the south west of the main part of the BSC site. The site was some 65-70 acres. The Soothills and Sootbanks doubtless colloquially described what had broadly been deposited at the site in question. Materials were deposited by BSC and its predecessors over many years on low land alongside Willow Brook South in the relatively early years of operation of Corby Iron & Steelworks. The materials predominantly comprised waste slags and flue dusts. The proportion of coarse flue dust, locally known as blast furnace “soot”, gave rise to the name of Soot Banks (or Soot Hills). Over the years the heaps were weathered and vegetated naturally with moss, grass and birch scrub.

An investigation was carried out by Norwest Hoist Soil Engineering Limited, in 1986 and 1987, to try to establish the nature of the wastes and also to investigate an area of old quarry land to the south. The reclamation strategy at that time had been to excavate a large void in the boulder clay to the south, bury the wastes and cap them, then transport the boulder clay arisings to Willowbrook South, and form the base for an extension of St James' Industrial Estate. Although the in-situ boulder clay proved very suitable for creation of a containment repository, the strategy was not put into action. Parts of the Soot Banks, which contained particularly high proportions of 'soot', were then excavated by a local contractor who removed the screened fines for various uses including colourant for cement and bricks. These excavations and screening operations continued until early 1996 when the reclamation potential was again recognized as part of the redevelopment of the increasingly rundown industrial estate. The strategy developed by CBC's Special Projects Team (as opposed to independent consultants) entailed removal of the Soothills to a dedicated repository at Deene Quarry. The cell was to be created from old ironstone quarry backfill (consisting of sandy clay), and the wastes would be capped by an impermeable layer. Any material considered unsuitable for this treatment, eg. as a result of particularly elevated metal content, would need to be taken to another nearby commercial tip. Correspondence with the WRA (now the Environment Agency), formalized into the revised Waste Management Licence for Deene Quarry, indicated that any material with heavy metal values similar to, or in excess of, those recorded in a 'hot spot' at pit 5 (in 1986) would not be permitted to go to Deene Quarry. Much of this was set out in Dr Smith’s report of June 1996, entitled of Pre-Contract Investigation of Soot Banks Remnants.

Having acquired the Soothills and Sootbanks site in 1983, it is clear from an early stage that CBC had high hopes of being able to reclaim the area. It was particularly unsightly in any event. CBC through Mr Ibbotson and Dr Smith retained Norwest Holst in February 1986 to carry out a ground investigation there. Their report dated July 1986 referred to the fact the investigation comprised 31 boreholes and 10 trial pits and that detailed chemical testing was undertaken on selected soil and water samples from across the site. They found underground obstructions which led to boreholes being abandoned; these or at least some of them were probably the fused and solid wastes which were later found in 1996. Cadmium up to 8 mg/kg was found; chromium was not checked; toluene extract was measured and found to be relatively low. At Paragraph 1.6 of Appendix 1 to the report, “Interpretation of Chemical Test results”, they wrote:

“The main problems appear to be the high alkalinity and presence of soluble salts such as Na²S04 plus generally high cadmium levels. TP5 is in a "hot spot" of metal enrichment and may include finer flue dusts from secondary precipitators. Variability of composition can be expected throughout the tips, though the major sub-division appears to be between the pale/grey-white dumps of limy material and the dark brown dumps of slag and flue dusts.”

The LRCG meeting of 20 March 1991 was told:

“…Soot Banks - construction of the access road for the removal of the soot is underway. SL asked who will check the amount of material which will be taken. MP to check if pile has been surveyed and an estimate made on this basis.”

There is very little detail of this work; it is however likely that this work was done either by or certainly with the active approval of CBC. It is likely given the nature of the material, as eventually experienced, to have created dust and mud on the roads. There was no specification or quality control either of the construction of the access road or “the removal of the soot”. Later documents indicate that access roads were constructed with slag which would have spread contaminants around. At some stage between this time and early 1996, the toxic material from the area of Trial Pit 5 was removed by the organisation which was permitted to do so by CBC without any warning being given to them either not to do so or to take any relevant precautions. This probably took place in 1994-5.

Some fencing work was done probably in 1992 by Weldon Plant at Soothills. In March 1995, some site clearance work was being done with CBC’s knowledge at Soothills, as recorded in the LRCG meeting of 2 March 1995. In its application of 18 January 1996 to English Partnerships, CBC described the site as a “danger to local children who break in and play on Soothills”.

The invitation to tender for the Soothills reclamation work went out on 6 March 1996. It is of interest to record that the tender documents were drawn up by CBC and not by consultants and the work was designed and planned by CBC. Although Weldon Plant was the lowest tender, it being considered non-compliant, the contract (Contract 108) was awarded to Noone & McGowan later in March 1996. At the first site meeting on 19 April 1996, before work started, the following was recorded in the minutes:

“M Palmer stated that CBC would appoint a Chemist to test material at the Soothills site to determine its suitability as fill material at Deene Quarry. This would be an ongoing operation for the duration of the contract…M Palmer suggested a joint meeting between CBC, the Chemist and N&M to discuss ongoing sampling methods and recording of data.”

It was in this context that Dr Smith came on board. Neither he nor Mr Ibbotson was called upon to supervise or monitor the Soothills work although Dr Smith did become involved in checking the lorry load samples and to some extent the dust monitoring. In his letter of 2 May 1996 to CBC, he wrote:

“I looked around the site on 29 April with a view to formulating a strategy for advance sampling to obtain sufficient information to guide excavation and determine the most suitable tip (either the Deene Quarry, in the proposed new cell; or else in a contaminant site as requested by the WRA). Norwest Holst tested only a relatively small number of samples in the 1986 investigation and, I believe, tended to choose samples that were typical of different materials. The high metal results obtained from samples at TP 5 should not, therefore, be considered as applicable only to TP 5 and its vicinity, rather they should be considered as probably typical of the very fine grained variety of brown soot wherever it occurs.

Walking around the heaps, now that they have been dug open and spread around, the amount of white efflorescence is startling. I am fairly sure that this is all sodium sulphate…

The Soot Banks are now so spread out and so patchy that I think the best way of planning it out would be to spend two days trial pitting a.s.a.p. to try to obtain as many representative samples of different mounds/terraces/materials as possible…”

It is worth bearing in mind that Dr Smith’s view that TP5 should be considered, not as an isolated occurrence but as typical of the brown soots around the site is consistent with what Mr Braithwaite said in evidence. Dr Smith later discovered more material not unlike the TP5 material.

Dr Smith’s firm started trial pitting on 8 May 1996 at Soothills. 16 pits were dug and 38 samples taken. He reported on his findings in his June 1996 report. He noticed that the site had obviously changed topographically in the light of the workings by the soot contractor. He reported low Cadmium (up to 2 mg/kg), low Nickel (said to be up to 750 mg/kg) and low Chromium (said to be up to 1500mg/kg). The two latter maximums are well over the ICRCL trigger values and are possibly transposition errors for the chemical results tables in the Appendix to the report; if so, it does not give great reassurance as to the care with which this report was put together.

Mr Bosence was to be the assistant resident engineer. He was not present on the Soothills site all the time. Although there was some discussion in June 1996 about Dr Smith or a close colleague providing supervision, this came to nothing. It seems to have been thought too expensive to employ Dr Smith’s firm.

There is little to add to the history which is collectively set out above. I conclude in relation to the Soothills reclamation as follows:

The history relating to this part of the reclamation is particularly poorly documented. It is necessary to seek to work out from secondary documentation what happened.

This site was known both as the Longhills or Weldon Slagbanks site and it was located to the east of Stamford Road and to the south of Weldon Road. The site was acquired by CBC from BSC in about December 1983, subject to terms that BSC could remove for sale piles of slag present. Perhaps given its location, it attracted interest fairly shortly thereafter. In April 1984, CBC engaged Soils Engineering Ltd to carry out a ground investigation to establish the ground conditions and geotechnical properties of the soils in relation to the design of suitable foundations for a proposed factory building 95 m wide and 220 m long. The total site was larger than that, comprising some 22.5 acres, as referred to in BSC’s letter to CBC of 2 March 1983.

On 30 October 1983 Mr Ibbotson reported to CBC that "we are at present importing topsoil onto the Slag Bank site". He refers to the fact that Bennies was still removing screened slag from the various stockpiles of material on the site and that fly tipping was taking place.

The Soils Engineering report, dated April 1984 refers to it being the site of the old worked out Longhills quarry which had been worked during the 1940s. 22 boreholes were sunk and revealed generally up to a metre of crushed slag underlain by clay with gravel spoil. Residual heaps of crushed slags were found with deeper layers of slag to the north and south. No chemical testing was done although it was recommended.

In July 1986, Norwest Holst produced a report for CBC about the Longhills site. They did 62 boreholes and 18 trial pits. It referred to the fact that this site had been used by BSC and its predecessors “as a tip for slag and other iron works waste including flue dust from the primary catchers of the blast furnaces”. Much of the slag was said to have been “transported by rail and tipped onto quarry backfill whilst still molten” but that “much of this slag has since been re-processed by crushing and large quantities have been removed from site for use elsewhere”. Norwest Holst recommended vibro-compaction or dynamic consolidation of the site if it was to be developed. Some 19 chemical samples were taken (Cadmium up to 3.5mg/kg but no tests for Nickel or Chromium and two toluene extract tests). As to the limited chemical test results obtained, they reported that “metals were elevated, but still within ADAS recommended limits for agricultural soils and would certainly, therefore, present no problems from landscaping, or dust ingestion”. They referred to their “reconnaissance analyses, covering the whole range of materials observed on site, [as having detected] no significant chemical contamination”.

By 13 May 1987, Mr Ibbotson was reporting to CBC that Phase 1 of the Weldon Slagbanks was progressing satisfactorily with earthworks at an advanced stage. The order of the Phase 2 works had been given to Steetley for the stone crushing and to Shanks and McEwan for the earthworks. Excavated material was said to be being placed in the gullet with limited quantities being removed off site to Deene Quarry. This work was done by Shanks & McEwan.

Belatedly in July 1987, CBC formally signed a contract with Noone and McGowan with regards the provision of an access road to the Longhills development. The work included the construction of a permanent access to the site from the existing carriageway. This work had to be done to enable the development to proceed.

On 14 October 1987, CBC let to Cementation Piling and Foundations Limited a contract for the ground stabilisation at the Weldon Slagbanks site.

In November 1987, Geotechnics Ltd at the behest of CBC produced a geotechnical investigation report whose object was to establish ground conditions at the site to determine the engineering properties of the soils and to establish the groundwater regime and permeability of the soils with reference to a proposed stormwater balancing Reservoir. Three more boreholes were done and eight trial pits. At the time of this investigation there remained "several heaps of rubble and clinker in the western part of the site".

Mr Ibbotson in a progress report to CBC dated 10 April 1988 summarised the works as involving "the basic earthworks, installation of site drainage, the erection of protective fencing and the cultivating and seeding of landscaped areas." At that stage he identified the outstanding works then nearing completion is the crushing of remaining deposits of limestone and the spreading of the final layer of stone over part of the site. He recommended however that further infrastructure works be done to make the site more marketable.

At the LRCG meeting of 26 May 1988, it was confirmed that waste material from Longhills, approximating 10,000 m³, would be left at that site but would "have to go somewhere". The use of part of the site as a football field was actively being considered.

By letter dated 31 May 1988 to CBC, Mr Ibbotson summarised the excavation works which had taken place at this site as:

“…the removal of various miscellaneous deposits of waste materials from the site, the removal of all slag deposits, above and below formation level (wherever found), the removal of approximately 1M to 1½M of general overburden to the design of formation level. All materials excavated were either removed to tips on site in landscaped areas, or off site to Deene Quarry”

He went on to explain that:

“to complete the site it is still necessary to undertake the removal to tip of surplus material and then to spread and compacted stone backfill upon completion of the earthworks, and the security fence should be erected to the southern boundary."

These works took some time to implement. As at the LRCG meeting of 6 October 1988, it was reported that Mr Ibbotson was currently "completing survey of the muck on the site…and it looks hopeful that the muck can be put in Barnes Place gullet.” By December 1988, a possible purchaser or tenant for the site, Matteson Walls, decided not to go ahead.

At the LRCG meeting of 9 February 1989 there is reference to separate tenders for the "Slag Banks muck shift" as well as for the landscaping. By the time of the LRCG meeting of 13 April 1989, the Phase 2 earthworks contract is said to be progressing. On 24 May 1989, Mr Ibbotson reported that this work had been completed. He said that the amount of material removed from the site was not sufficient to fill the adjoining gullet. Some 2000 m³ more was required. By the LRCG meeting of 29 June 1989 the cultivating and seeding of the football pitch area was proceeding.

On 1 February 1993, CBC entered into a contract with Weldon Plant Ltd for the provision of a foul water pumping station and associated sewerage and pipe work. These works took a substantial period of time to commence, starting in May 1994 and being certified as substantially complete on 25 September 1994. This work was at the south end of the site and involved some excavation.

As from about November 1990 the site began to be used as a Sunday Market. This continued until the Sunday Market site near Asda was available to be used. Other than this use, little was done at Longhills until late 1992.

The next project to proceed was the Longhills Balancing Lake which was reported at the LRCG meeting of 1 April 1993 as by then being substantially completed. The contract for the balancing lake was formally signed in December 1993 albeit let to Noone & McGowan in the latter half of 1992. The work involved the excavation of over 60,000 m³ and disposal of over 53,000 m³ of material, in the northern half of the site. There was in addition a further landscaping contract let in late 1994.

There is no indication that wheel washing or sheeting of lorries were either contractually required for or provided on the various projects on this site.

I conclude in relation to the various developments at Longhills as follows:

This area included the site of the Deene Coke Oven and By-Product plant and what was a large slurry lagoon which had been covered over historically by BSC. The By- Products plant was to the north of the Oven. It was all to the north of what became Steel Road. Some of the southernmost areas of Willowbrook North, which became Arkwright Road, Shelton Road and other roads have been addressed in dealing with the Willowbrook South part of the Heavy End (see above). CBC was interested from early 1983 in developing this area, having purchased it in 1981. They were interested in creating areas for industrial development and that is why they arranged for the roads off and to the north of Steel Road to be constructed to service such development.

CBC was particularly interested in this area at an early stage. It engaged Norwest Holst in mid-1982 to investigate the site of the Deene and Glebe Coke ovens, which by then had had the superstructures cleared by BSC. The area of the site investigated was 1km by ½ km, which is over 230 acres; 83 boreholes and 45 trial pits or trenches were done over the whole site. Their Ground Investigation report dated November 1982 materially states:

“5.0

HISTORICAL

Records provided by the Engineer indicate that the ground conditions in the Deene site can be itemised under four basic headings.

1.

Undisturbed ground.

2.

Excavated ground which has been backfilled and consolidated as part of a cut and fill exercise.

3.

Excavated ground which was originally backfilled by the dragline excavators, and then had 2 to 3 metres of material consolidated on top as part of the cut and fill exercise mentioned above.

4.

Area of slurry pond and water courses.

5.1

The undisturbed ground consists of the southern area of the site, the approximate boundary being indicated on the site plan. In the mid 1950's, the level of this area was reduced…The maximum depth of material removed was of the order of 5 metres,

5.2

The material removed was consolidated into the trough left between the excavated quarry face, and the discarded spoil tips.

5.3

The remaining areas consisting of the tipped quarried material above the ironstone layer, was also levelled, and the ground level brought up to the 350.00 ft level by consolidating material from the cutting mentioned above, a consolidated thickness of some 2 to 3 metres being recorded. The ground was levelled with the intention of providing an area for the development of a complete new blast furnace, plant. The B.S.C. engineers therefore took particular care to ensure that consolidation was carried out to the best standards so as to reduce the degree of future settlement. The first phase of this development on the site took place during the late 1950's with the construction of the Deene Coke Ovens and the associated buildings, including the acid plant, gasholder and amentity building.

5.4

Prior to the levelling exercise referred above, the "hill and dale" pattern of the backfilled quarried material was used as an area for settling the slurries arising from the blast furnace area. These were not properly constructed ponds but simply the natural contours allowing the water to find its own level by providing a dam across the valleys at the eastern end…

7.1.4

Coke Ovens

Heavily contaminated ground is associated with the prior use as coke ovens, at two positions.

7.2…It is considered that the sites of the coke oven plants where the made ground is heavily contaminated would be unsuitable for development in their present state and it is recommended that the contaminated ground should be removed prior to development. Provided the materials are replaced with good quality fill compacted in a controlled manner, then it will be possible to construct foundations directly on this material. It is also considered that the material contained within the settling lagoons will be unsuitable for any form of ground treatment and if these areas are to, be developed; then this material will also have to be removed and replaced.

7.4

Contaminated Materials

Preliminary analysis of the contaminated material at the coke oven sites was carried out by the Research Division of British Steel- as an addendum. Additional tests were carried out on selected samples in order to assess the organic content of the material so that a decision could be made as to the need for more specific organic analyses. These tests showed organic contents ranging from 0.24% to 1.42%, suggesting that the conclusions reached by British Steel with regard to heavy metal contamination would also apply to organic pollutants. Nevertheless, there are likely to be specific areas where high concentrations of pollutants are present which would require special treatment when encountered.”

It is clear that the Deene Coke Oven area was itself heavily contaminated with oils. Chemical testing was done by BSC and BSC concluded that there were very low levels of zinc, lead and cadmium., although only a few sample s were taken on the Deene Coke Oven site. .