Margate Beach's Safety Failures

Report by Foreness Environmental Action (February 12th 2002).

Margate Main Sands failed its annual assessment for bacteriological test standard (EC Bathing Water Directive 1976) last summer season (2001), having last failed in 1991. It was the only beach in the Southern Region to fail in 2001. Its three individual test failures followed-on from crude sewage discharge at the local sewage works at Foreness Point. This means that the beach will not get a Seaside or a Blue Flag Award (Tidy Britain Group) for 2002 and will be reported as a poor resort in the Good Beach Guide 2002 (Marine Conservation Society).

What of the Future?

Extreme changes in weather patterns have featured much in the news recently. These have consequences for crude sewage discharges at Foreness. Data compiled by Foreness Environmental Action for the period 1995-2001 show that the putative number of storm sewage discharges (the actual number is governed by ground conditions and rain intensity) has increased steadily from three to nine for both the short combined sewage outlet (CSO 530m) and from 11 to 16 for the long sea outlet (LSO, 1.9 km). These estimates are for the summer season May to September. A similar tendency occurs during the winter months. Occurrence of CSO discharge is taken as prone when there is a heavy rainfall of 10mm in 24-hours as had been stated by the Environment Agency (EA).

Discharge of crude storm sewage onto recreational areas represents a (quote ) 'very high risk' according to the World Health Organisation (1998) reports.

The publicised finding that rainfall intensity , rather than frequency, is increasing adds weight to our conclusion. Therefore in coming years Margate beach is liable to become contaminated with sewage derived microbes more frequently than in the past.

Though complied from both EA and Meteorological Office (Margate Weather Station) data the EA somehow refute the foregoing findings without offering any explanation or issuing their own analysis. Our foolproof analysis provides the best available guide to future happenings but it is disregarded by planning authorities.

Pathogenic bacteria commonly present in sewage around the British Isles are e.g. juvenile coliforms (E.coli), Campylobacter, Salmonella and Enterococci. They cause gastroenteritis, or infections of the eyes, ears, nose, throat and skin. These infections range in severity from self-limiting to fatal. Bacteria have developed a high incidence of resistance to antibiotic treatment.

A study in France showed that five out of 26 bathing beaches tested positive for human pathogenic enteroviruses (viruses spread by the faecal-oral route). Moreover, eight out of every 13 sewage samples tested were similarly positive. There are about a half-dozen identified types of enteroviruses causing debilitating illnesses ( e.g. Hepatitis A, Norwalk-like Virus, Enterovirus, Rotavirus, Astrovirus), even sometimes death in vulnerable victims. Another French three-year study showed that in coastal areas routinely impacted by human sewage discharge, around 50% of the shellfish were contaminated with the viruses.

Antibiotics do not have anti-viral activity. There are no anti-viral medicines for systemic use. Viral disease is difficult to both diagnose and treat, and enteroviruses can also attack liver, heart and muscle.

New Sewage Works' Plan Has Holes

Southern Water Services Ltd proposal to extend the works at Foreness Point will bring benefit to beach users in dry weather conditions. During heavy rainfall, however, non-disinfected storm sewage discharges will continue as at present, as there is no planned provision for improvement (e.g. disinfection) in the management of storm sewage before its discharge. The current number of crude storm sewage discharges (screened only) will be sustained, even increased as the plan intends to transfer sewage from the nearby Broadstairs sewage works. This has implications for our already declining leisure industry.

The assumption by SWS that permission to discharge waste onto the foreshore is not needed breaches the Human Rights of its private owner and disregards beach users. DEFRA in reply to our enquiry states that SW does need permission of the private owner of the foreshore at Foreness for sewage discharge. SW does not have this permission.

Insurance Cover

Discretionary powers of the EA allow for three CSO overspills in a summer season, but when the EU White Paper on Environmental Liability Policy (2000) is enacted such powers will be withdrawn. If a compensation claim is made for repair of a damaging event caused by a hazard known to have been evident before taking out insurance cover, it will be refused (Swiss Re-insurance Company, Zurich). The hazard at Margate beach will be sustained even if the works at Foreness is extended as planned, and local and national governmental authorities are already informed.

Brook Not to Blame

Recently, some blame on the test failures has shifted to the beach flow outlet pipe of the tiny Tivoli Brook and this has created a diversion. Awareness by the EA of the Brook problem, with its history of continual high faecal coliform counts ( above Mandatory Standard) goes back to at least June 1998. If the Brook did contribute significantly to bacterial load throughout the baywater at Margate it is likely that there would have been bacteriological test failures in the intervening years from 1991 to 2000. Trickle contamination cannot give significant increase to the bacterial load carried in the baywater due to a high dilution factor there. Ownership or responsibility for the brook has not been acknowledged. And its source of contamination is still being determined.

FEA fears that Thanet District Council (TDC) might succumb to a 'planning gain' by SWS offering to take responsibility for clean-up and maintenance of the brook in exchange for land sale at Foreness. This highlights the dangers of planning gains schemes to NGOs ambitions, and governmental debate on dealing with the loophole must be initiated.

Sanitary Detritus

For the umpteenth time residents have reported in the local newspapers that masses of sanitary detritus are being regularly washed up onto the designated bathing beaches and the promenades from Birchington and Westgate to west of Margate. In addition, reports of huge discharge slicks heading from Foreness to this area have been made to the press, EA and TDC. The reply from our enquiry to the EA ( who consulted with SWS) on the issue was that it did not constitute a problem!

There are witnesses and photographs that tell an altogether different story. The sight of children playing in a paddling pool full of floating sanitary detritus at St. Mildred's bay is disturbing. In fact, it is known locally as "Tampon Bay".

The source of the vast quantities of beached sanitary detritus and condoms, however, has not been positively identified. The party responsible is in breach of the public nuisance laws but positive identification is needed before legal pursuance can take place. Suspicions are its from 

1. the Foreness works,
2. screened waste sewage solids taken by barge for dumping in the North Sea (this practice stopped some years ago, and it has been said [needs verification] that the modem designs found for the sanitary detritus rules out this possibility), and
3. from sewage discharges further up the estuary .

Serious Barriers to NGOs

TDC has publicly stated that it is obliged to abide by the EA and local NHS Health Authority recommendations and opinions and not those of the FEA, even if they believe we are right. This presents an impenetrable barrier to all NGOs appeals including those of the MCS.

A disturbing finding was that a plan for a sewage works at a seaside resort can be submitted up through the tiers of the Local District Council (Consultative Authority) County Council (Determining Authority), and the EA (Advisory) without an independent health risk assessment being made for consideration. This even applies to the Public Inquiries Inspectorate! Left without recourse, the FEA has written to the Minister of Health about the alarm.

Eutrophication

Two episodes of hyper-eutrophication made apparent by toxic algal blooms occurred in the Margate region in the summer of 200 1 resulting in closures of shellfish beds (the largest oyster hatchery in Europe is in nearby Whitstable). It is also unpleasant for bathers since it kills-off seaweed that is then washed ashore and lies rotting, maggot infested, fly-ridden and smelly on our beaches. Warning notices were posted by TDC. Unfortunately, because Thanet coast is an estuarine region it does not qualify for EU designation as a Nitrate Vulnerable Zone. Though the EA have acknowledged the high euthrophication phenomenon in the estuary upstream as far away as Swalecliffe, curiously they conclude there is no proven link to the algal blooms.

For the first time ever Margate Fishermen's Association have reported that virtually no juvenile fish have been found around the Thanet coast and a valuable supply of seabird food has been obliterated. Whether there is a link to sewage discharge into the estuary requires clarification.

When considering nitrate pollution the EA class our region as estuarine (shallow), but when considering sewage pollution class it as open sea.

Southern Water Services Ltd Website ( http://www.southernwater.co.uk ). The Schemes Overview for new treatment works identifies seven development sites - but excludes Foreness Point (Margate), of which there not even a mention!

Future Considerations

The EC Bathing Water Directive 1976 revision was brought into committee session in 1992 in order to introduce a stricter bacteriological test standard (possibly the current Guideline Standard) than the current Mandatory Standard (OFWAT Report 2001). Failures due to storm sewage discharge at Margate beach will undoubtedly increase, even if the planned extension is built, after the standard value is revised (probably by 2005).

In order achieve the MCS's recommendations that CSO discharge is confined to a one-in-20- year storm event, sewage storage tanks (allowing for later disinfection schemes) would have to be built at Foreness. But Foreness Point cliffs could not, in proximal future, support such vast extension.

Our appeal to DEFRA/EA to call-in SWS discharge consent application is currently under consideration. TDC's policy is not to sell the amenity land at Foreness Point for the works extension. But policy can change overnight, and SWS can pursue a Compulsory Purchase Order for the land.

Quest for a Public Inquiry

A Public Inquiry has been held for consideration of the sewage works extension at Telescombe Cliffs (Sussex). It is a remarkably similar situation to the Foreness Point extension which is at, or contiguous with, a SAC, SSSI, SPA and Ramsar site. The biodiversity value along the Thanet coastline is acknowledged by English Nature as being on a knife edge. The PI inspector concluded that PPGs and the precautionary principle are of paramount importance. Yet PPGs were totally disregarded as (quote ) 'nobody takes any notice of them' in KCC's Planning Committee decision taking process on the plan to extend the Foreness works. The plan was duly passed. Tom James, SWS's Head of Communications holds the same opinion and says that PPGs have no legal authority .

SW claims that the Margate catchment area is too small (in contrast to Brighton and to Hastings) to justify the expense of building a full sewage treatment works (with storage tanks). But the EC Court of Justice has ruled that economic factors are irrelevant in protection of the environment (Case C-371/98).

KCC had declared that environmental health considerations are not for their material consideration. But they have since rejected plans for waste incinerators to be built in Kent on precisely such grounds. Moreover, the Government Office of the South East has declared that local authorities do indeed have remit when a development is a significant health risk. In addition, the precautionary principle is glossed over. Sewage discharge into sensitive areas needs further research into its effects according to the MCS who meantime want the Precautionary Principle to be applied.

In response, the FEA have written to the Minister for the Environment demanding a Public Inquiry. Clarification is called-for, however, on media reports (TV, newspapers) that the government plans to replace the PI system of appeal hearings for NGOs. A Green Paper has been published which plans to take planning decision taking away from the District Councils, but given to whom? How will this change the PEA 's activities and appeals?

TABLE I. SUMMARY DETAILS OF FAILURES OF THE MANDATORY
BATHING WATER MICROBIAL STANDARD AT MARGATE BEACH
(May 15th-September 30th 2001)

TOTAL NUMBER OF RECORDED FAILURES = 3

SUMMARY DETAILS OF FAILURES OF THE EC GUIDELINE
BATHING WATER MICROBIAL STANDARD AT MARGATE BEACH
(May15th-September 30th 2001 )