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COMPANIES FINED FOR FAILINGS THAT LED TO THE BUNCEFIELD OIL DEPOT EXPLOSION

Crown Court Justice



FIVE COMPANIES, who were guilty of failings that lay behind the massive Buncefield Oil Storage Depot explosion in 2005, were fined and ordered to pay costs totalling almost £9.5 Million.

The sentence was handed out at St Albans Crown Court by Mr Justice Calvert-Smith.

He had presided over a trial in which three of the companies had denied charges brought against them by the Health & Safety Executive.

The explosion in the early hours of Sunday, December 11th 2005 occurred after fuel began overflowing from a tank on the site.

A cloud of vapour formed which suddenly ignited from a spark, resulting in the biggest explosion in Europe since World War 2.

Forty five people were injured when the depot near Hemel Hempstead went up in flames.

The explosion was so loud it was even heard in parts of continental Europe.

Homes and businesses in Hemel Hempstead were destroyed and thousands of workers displaced.

Two thousand residents had to be housed in temporary accommodation.

Following a three-month trial, which finished earlier this year, TAV Engineering of Sydenham Road, Guildford, was found guilty of failing to discharge a duty under the Health & Safety at work Act of 1974 by not ensuring people in their employment were not exposed to risks.

Motherwell Control Systems 2003 Limited of Castle Street, Liverpool, was found guilty of the same charge.

Hertfordshire Oil Storage Limited was found guilty of contravening a Health & Safety regulation.

Total UK of Clarendon Road, Watford, admitted two charges of failing to ensure the health and safety of its employees under the Health & Safety Act and a further offence of causing pollution by allowing fuel and fire water chemicals to enter controlled waters between December 10 2005 and December 31 2005.

British Pipeline Agency Limited of Hemel Hempstead also appeared for sentence having pleaded guilty to failing to take measures to prevent major accidents and causing pollution between January 1 2003 and 12 December 2005.

Sentencing the companies, Mr Justice Calvert-Smith fined Total £3,600,000 and ordered the company to pay a further £2,600,000 in costs.

Hertfordshire Oil Storage Limited was ordered to pay £1,450,000 in fines plus a further £1,000,000 in costs.

British Pipeline Agency was ordered to pay £300,000 in fines, plus a further £480,000 in court costs.

Motherwell Control Systems 2003 Limited, who the court heard had gone into voluntary liquidation, was ordered to pay a total of £1,500 in fines and costs.

TAV Engineering were told they, too, must pay a similar amount.

The Judge said the problem had begun on the evening before the explosion when a "parcel" of fuel began to flow into tank 912 at the site.

However, in the early hours of the following morning as the fuel continued to flow in, an automatic tank gauge became struck, with the result that fuel filled up the tank to such an extent that it began to overflow onto the ground outside.

The court heard that by 6am on the morning of Sunday 11 December, 250,000 litres of fuel had escaped.

As a result, a cloud of vapour had formed which, shortly afterwards, was ignited by a spark causing a massive explosion.

The judge said that had the explosion happened during a working day, "The loss of life could have been measured in tens or evens hundreds."

He said families had had their lives disrupted, having to move in and out of homes for up to two years.

He said children had had their education disrupted and people had lost their jobs.

Home owners had seen a dramatic loss of value in their properties because of the "Buncefield" link.

He said senior staff at the depot had suffered mental breakdowns, marital breakdowns and depression because of what happened on the early morning in December 2005.

The judge said that having heard evidence during the trial, it was clear that the automatic tank gauge in question had become stuck on at least 14 occasions during the previous three months before the explosion, but he said it was never picked up as a "systemic fault."