Monday, February 22, 2010

BIG BROTHER IS WATCHING YOU!
£300,000 FINE FOR HEALTH DANGER

BUT NOT IN RUGBY - ONLY IN WALES!

Apparently cement co-incinerator plant emissions in WALES Mold Flintshire DO have health effects - even the Environment Agency says so in WALES! EA barrister Barry Berlin, Professor Roy Harrison, and Amanda Gair consultant and the court agreed that the increase in PM10 PARTICULATE increased the risk to health - cancer, respiratory, and cardiovascular disease. The deadly PAH emitted is a genotoxic carcinogen and any exposure can cause cancer. There is increased risk to the public even though they had no evidence of increased ill health." Well they would say that and probably hadn't even looked? In Rugby the PAH is not monitored or measured, but is sampled twice a year, and is "said to be less than 50 kilos as an annual release"??

FAMILIAR - LINK.
It all sounds so very familiar : "persistent breaches of permit conditions resulting in dust emissions, smoke emissions from burning tyres and other waste materials and unacceptable noise levels." And "It was quite clear there was a potential risk or harm by virtue of the dust and also the carcinogenic materials in the smoke!"

http://www.flintshirechronicle.co.uk/flintshire-news/local-flintshire-news/2010/01/21/cement-plant-admits-breaches that-could-increase-cancer-risks-51352-25646483/

In the Mold Magistrate's Court Judge Andrew Shaw referred the case to the Mold County Court as his "powers were insufficient." The maximum they can fine at Magistrates (courts of no record - which they love!) they could get away with it lightly with a maximum of £30,000 - and without any transcript!


RUGBY FOLK ARE TOUGH!
Compare this to the latest CEMEX Rugby Cement case - EIGHT TONNES of black oily sticky coal dust spread all over, both outside and inside the houses, up to 3 miles from the plant in March 2007.
It took the EA until March 2009 to prosecute them - and then they moved it away from Rugby to STRATFORD magistrates in June 2009 - where BOTH the EA Barry Berlin and the Cemex barrister PLEADED and virtually BEGGED the magistrate to "fine the very maximum £30,000 but PLEASE do NOT refer this to the Crown Court!" We want NO records of this case!!
In Wales "any increase in airborne PM10 can cause cancer and is associated with increased mortality from respiratory and cardiovascular diseases." One law in Wales - and another in England?


EA INSIST NO ONE CARES IN RUGBY!
Meanwhile on 12 February the EA appealed against the Supreme Court Judgement of 4 December, handed down on 15 January, which was minded to "set costs at nil". (see Landmark Chambers or Supreme Court web site).
The Agency insists in its sworn witness statement that no-one has any concerns about the cement plant emissions, not in Rugby or elsewhere, and that it is of NO public interest.
But although they say NO ONE but MRS P is concerned, they do want :
"information about the applicant's means and about the IDENTITY and MEANS of any who she represents!"
Would that be information about the "identity and means" of the claimed "nobody" - or is it about the 60,000 Rugby residents?

Friday, February 12, 2010

RUGBY DUMP TOWN

WARWICKSHIRE COUNTY PLANNERS OUTFOXED BY COUNCILLORS!

DUMP IT ON RUGBY!
On 21 January WCC officers finally "invented" some "reasons" that they attempted to "back-attribute to the Councillors" for 17 November Regulatory Committee Southam refusal of the Cemex 500,000 tpa waste plant application - in favour of DUMP IT IN RUGBY! Amazingly, for OVER 18 MONTHS planners had not managed to find even one tiny little reason to recommend refusal at either site - claiming BOTH applications were identical and equal and both should be passed!

SHOCK-HORROR LARGE OVER-SIGHT!
SUDDENLY OUT OF THE BLUE appears: (1) the long-standing STRATFORD LOCAL PLAN : "SOUTHAM site is NOT suitable for waste and must be used for light and general industries"; (2) the Southam location is NOT "in a preferred location for waste management"; (3) the proposed facility does NOT accord with STRATFORD LOCAL PLAN and " would result in the development of a large building of adverse visual impact"; (4) " the proposal would introduce a significant number of HGVs in the area."

ALL THIS HAS CREPT UP SUDDENLY
Officers advised : IGNORE Rugby's POOR air quality - AQMA for exceedence annual objective nitrogen dioxide and ignore health-damaging particulate and many daily exceedences of PM10 Objective. Top up to the maximum with pollutants - and rely on that that "great protector" of the Environment to hopefully safeguard Rugby's air. Yes! we are to be protected by none other than the ENVIRONMENT AGENCY that has, by stealth and concealment, permitted massive increases year on year of TOXIC POLLUTANTS in Rugby. No wonder the EA carried out no Environmental Impact Assessment, and desperately hid the DISPERSION MODELS (H1 assessment) and hid the Agency's AQMAU reports (Air quality assessments). The Rugby public would have been THRILLED if they had been told the truth:
"The AGENCY is permitting year-on-year increases in the toxic pollution, and we refuse to tell you how much and of what!!"


COUNCILLORS BANNED FROM WASTE PLANTS!
IN ABUSE OF PROCESS: No visits were arranged or permitted, (even FROG ISLAND refused to have the councillors on site as presumably did all the (6?) Cemex waste plant RDF producers) so councillors could not get any idea (sniff!) of what was being proposed. WCC planners, either in total ignorance of their own local plans (unbelievable) or deliberately, (equally unbelievable), ignored the Stratford Local Plan and recommended passing both Rugby and Southam to get round the REQUIREMENTS of the ENVIRONMENTAL IMPACT ASSESSMENT DIRECTIVE, (to compare the two sites) and therefore conveniently ignored the BPEO; and the cost/benefit assessment; the sensitive lorry miles; the proximity principle; the effect on Rugby of all this and another permanent CEMEX PLUME all over the down-wind town; the AIR QUALITY IMPACTS.


HEALTH INEQUALITIES INCREASED BY COUNTY
They also chose to IGNORE the health effects of dumping it ON RUGBY on vulnerable receptors, in the areas of multiple deprivation, of SERIOUS HEALTH INEQUALITIES caused by several confounding factors, including, no doubt by the hundreds/thousands of tonnes of TOXIC POLLUTANTS emitted annually from Warwickshire County Council's illegal cement co-incinerator - that ALL TOO OBVIOUSLY is an unlawful construction - that never had any valid planning permission or any kind of environmental impact assessment - and of course no PUBLIC CONSULTATION! That's the way they do it!!


MEANWHILE THE TEN YEAR ROW GOES ON! over the unlawfully constructed and operated Rugby Cemex co-incinerator. The EA is mulling over whether to appeal the 15 January Supreme Court judgement (see LANDMARK CHAMBERS) in this crucial and most important test case concerning the prohibitive expense of court action for the public, and NGOs, and the total lack of access to any justice in PUBLIC INTEREST cases in the UK, in Judicial Reviews of poor, and unlawful, government decisions on Environmental Issues.


RECAP of INCOMPETENTS
Warwicks CC granted (1996) an unlawful planning permission, without any public consultation, any EIA, and also subsequently repeatedly amended the grant - in secret. The EA granted (in secret) an unlawful 1999 IPC operating permit, also without EIA and public consultation, followed by another unlawful operating Permit (IPPC in 2003) to turn the unlawful cement plant into a co-incinerator, once again hiding the information about the environmental and air quality and health impact of what they had done.

AARHUS CONVENTION - ACCESS TO JUSTICE
JACKSON REVIEW: The UK government has so far failed to implement the AARHUS CONVENTION to which they
signed up to in 1998. You can read more about it from the COALITION FOR
ACCESS TO JUSTICE FOR THE ENVIRONMENT. And also see LINK about what happens to any
private citizen who gets caught up in any Judicial Review proceedings and who tries to get
any ACCESS TO JUSTICE for a polluted community.

http://www.unece.org/env/pp/compliance/C2008-33/correspondence/CEcommentsJacksonReview%20290110.pdf

BRITISH PEOPLE PAY TO INCREASE POLLUTION!
the great British Tax payers ARE SUBSIDIZING INDUSTRIAL POLLUTERS, bailing out CEMEX
to the tune of BILLIONS through our forced subsidy of the RBS and HBOS
to which banks Cemex owes much of its $ billions of debt! Why are the
British tax payers doing this to ourselves and to the environment?