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Author: Patrick Byrne, Professor of Water Science, Liverpool John Moores University
Original article: https://theconversation.com/pollution-scientist-talks-to-freshwater-ecologist-who-warned-of-isle-of-man-toxic-silt-dumps-242429
The production and use of toxic synthetic chemicals called polychlorinated biphenyls (PCBs) were banned internationally more than 40 years ago. There is a great deal of evidence that they are carcinogens and hormone disrupters in mammals and can cause birth defects.
PCBs can build up in the tissues in increasing amounts over time (bioaccumulate) in long-lived animals and people exposed to them. They also biomagnify in the environment meaning they build up in food chains – smaller animals take them into their tissues, those are then eaten by larger animals (such as fish), which themselves are eaten by humans and marine mammals such as dolphins and seals living in Britain’s waters.
Despite these risks, the Isle of Man government – by its own admission – has been dumping toxic silt containing PCBs into the waters of Peel Bay and unlined landfills over the past decade. This is despite the fact these waters have been declared a Unesco biosphere.
Here, Patrick Byrne, Professor of Water Science at Liverpool John Moores University, questions freshwater scientist Calum MacNeil about why he thinks it is so important that the world, and particularly Unesco, takes notice about what’s being dumped into the sea around the Isle of Man.
When did you live on the Isle of Man and what was your exact role?
I lived on the Isle of Man for nearly 15 years (2004 – 2019) and left at the end of 2019.
From 2004 – 2007, I was the Isle of Man government’s freshwater biologist. From 2007 – 2017, I was the freshwater biologist and enforcement officer, responsible for regulation and enforcement of environmental matters related to controlled waters (all inland waters and coastal waters).
Where is the Isle of Man and what is the Unesco status it has earned?
The Isle of Man is a small island in the middle of the Irish Sea, located almost an equal distance from England, Northern Ireland and Scotland. It is British but not part of the UK: it is a self-governing dependency of the British Crown with its own government and laws. It is not part of the EU but is signed up to various international agreements on the environment.
Unesco is the United Nations Educational, Scientific and Cultural Organisation. It began the biosphere programme in 1991, concentrating on the care of land, sea and species, as well as culture, heritage, community and economy.
The Isle of Man was awarded Unesco biosphere status in 2016 after a lengthy process and a detailed application. Although the island is now one of over 750 biospheres worldwide, it is the world’s only “entire nation Unesco biosphere”.
According to the island government’s own fact sheet, biospheres have three functions: promoting sustainable development, conservation and learning. The sea makes up 87% of the Isle of Man Unesco biosphere.
Despite earning this status, evidence in the public domain shows that pollutants have been dumped into the sea. What’s been going on?
The Isle of Man government has been accused of deliberately dumping 4,000 tonnes of toxic silt from harbour dredging, which included synthetic industrial chemicals known as PCBs and heavy metals, in the Irish sea in 2014.
This trial dump, referred to on the Isle on Man’s own website, was despite environmental and legal advice from its marine monitoring officer that this would be ignoring international agreements and would be damaging to the environment.
Despite extensive evidence in the public domain, this dumping was not mentioned once in the biosphere nomination documents, dated 2015. The nation’s biosphere website says the nomination process was “several years” in the making and the Unesco biosphere designation occurred in 2016 – only a relatively short time after the deliberate dumping in the Irish Sea.
Read more:
PCBs: these toxic pollutants were banned decades ago but still pose a huge threat
The government has also allegedly discharged toxic PCB-contaminated effluent – known as called leachate – from an old landfill, called the Raggatt, directly into Peel Bay, an area which has one of the most popular public beaches on the island. Peel is one of three beaches (technically designated as non-bathing areas) on the island that recently failed to meet minimum standards for bathing waters.
I wasn’t aware of the details of the sea dumping of toxic silt until June 2022 when the employment tribunal findings related to the Department of Environment, Food and Agriculture’s (Defa) ex-marine monitoring officer Kevin Kennington became public. This tribunal heard evidence that this was going on before, during and after the Unesco biosphere designation.
The Isle of Man is a signatory to the Oslo-Paris convention for the protection of the marine environment for the north-east Atlantic (Ospar). The convention specifies a maximum level of marine contaminants.
A decade on from its initial application, the Isle of Man is currently bidding to renew its Unesco Biosphere status in 2026.
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While all of this was going on, the Isle of Man has been promoting its Unesco biosphere status as a marketing tool and it was receiving a lot of favourable media attention on how it was protecting its marine environment and beaches.
There does appear to be a lack of monitoring, at least in the public domain. Given the serious nature of the contaminants, I would expect the environmental regulator to monitor any PCBs detected in the environment and fully inform the public of any exposure risk.
The disposal of thousands of tonnes of contaminated silt into biodiverse waters could have had a serious negative impact on that bid. So, how did you discover that all was not as it seemed with the marine biosphere status?
Shortly after resigning from my post in 2017, I read an article in the local media about how the attorney general of the Isle of Man (the government’s senior legal advisor) believed it might be in the public interest to hold a full investigation into the discharging of potentially toxic material retrieved from an old landfill site that was being transported by tankers and taken to the sea. There were a number of statements made in that article that I found very concerning, such as the two below:
The then Environment Minister Richard Ronan told the House of Keys [the parliament of the Isle of Man] in July last year that levels of a range of metals, ammonia, polycyclic aromatic hydrocarbons (PAHs) and 225 polychlorinated biphenyls (PCBs) identified in the leachate exceed environmental quality standards, making it unsuitable for direct discharge into the River Neb.
The government said the leachate is subject to a large degree of dilution [as] it enters the sea. Samples are analysed regularly and the leachate “does not pose a risk to people swimming in Peel bay”.
To be clear, I knew at the time of reading this article in 2017 that there was no UK or EU environmental quality standard to legally allow a deliberate discharge of PCBs into either freshwaters (rivers and lakes) or to the sea. I knew this because PCBs are massively hydrophobic (water-hating) – meaning you shouldn’t have them suspended in effluent anyway because all they want to do is settle out at the bottom of whatever they are suspended in as soon as possible.
So, if you can detect them suspended in actual effluent you should be very worried about how much is built up or buried in the sediment accompanying that effluent. I knew the deliberate discharge of this was internationally banned and that it shouldn’t be going on into rivers or the sea.
I was even more alarmed when the article quoted a government spokesperson saying the leachate “does not pose a risk to people swimming in Peel Bay”. The government needs to prove that statement legally and scientifically because in the US and Europe there is a “risk averse” approach to PCB release.
This story and the government’s response was very concerning to me as an internationally banned carcinogen was being discharged deliberately to Peel bay, a popular public beach area, while the public were being told it was fine, legal and safe. I didn’t see how this could possibly be legal as regards international agreements.
A few months later, I was concerned about further silt dredging at Peel bay and was curious how Defa as a regulator would deal with avoiding the risk of resuspending previously buried PCBs.
Ospar gives guidance on this, as this is important as PCBs remain toxic for decades and dredging could obviously further increase the risk to the public and environment – resuspending any PCBs that had been previously buried under layers of sediment for decades would result in releasing another source of PCBs into the bay.
Was anyone concerned about possible pollution at the time of the Unesco application?
The Isle of Man government says it spent a great deal of time on the nomination process and the publicly available nomination documents are long and detailed and Defa was heavily involved in the application process and the details provided so they would have to answer that.
I don’t know if any other scientists were raising a red flag at the time, but I do refer you to Kevin Kennington’s tribunal findings which involved dumping toxic silt at sea and Defa officers were aware of this dumping in 2014. None of this was mentioned in the nomination document as far as I have been able to ascertain.
The tribunal found the toxic silt exceeded Ospar guidelines.
When The Conversation put that to Isle of Man government, it did not accept it was in contravention of the rules. But a spokesperson for the UK regulator, Defra told us: “Defra’s internal analysis concluded that the incident constituted actions that were not in accordance with the Ospar convention (Articles 4, and Annex II Art 4) and the 1996 London protocol on the prevention of marine pollution by dumping of wastes and other matter.”
What laws are involved here?
The 252-page-long nomination forms refer to the Water Pollution Act 1993. This is an act that makes “new provision for the protection of inland and coastal waters from pollution, to control deposits in the sea and for connected purposes”.
Some EU legislation is also applied to the Isle of Man, such as Ospar (the convention for protection of the marine environment of the north-east Atlantic) and the Basel convention which governs how nations, including the Isle of Man, should treat and dispose of hazardous waste, including PCBs, in an environmentally sound way.
What are the most worrying impacts of the pollution here?
The dumping in the Irish sea is obviously very worrying, not just for the Isle of Man. PCBs can travel long distances and are toxic for decades.
In my view, the deliberate tanker discharge of PCBs to Peel bay is extremely worrying from both an environmental and public health risk perspective, as is the dredging up of PCB contaminated silt in Peel harbour.
I’m alarmed by the fact that the Isle of Man government decided that it was not in the public interest to pursue the case for the discharge into the sea, given that international agreements were broken.
What needs to change in terms of governance and law enforcement?
I feel there needs to be international scientific and legal scrutiny of all of this. I believe both Unesco and the UK government’s Department for Environment, Food and Rural Affairs (Defra) have a responsibility here as well given the international agreements involved and the biosphere designation. Given the biosphere status surely the Isle of Man government should be acting not just to the letter of the law but the spirit of the law.
What should a biosphere reserve really look like and what needs to change?
Ideally, the government in the world’s only all-nation Unesco biosphere would fully abide by its own principles and pledges and adhere to international agreements.
For instance, the Isle of Man government set its own environmental quality standards (EQS) for PCBs – now, those won’t be breached by the levels of existing discharges. EQS values for soil, sediment, freshwater and marine environments are derived from years of research showing the maximum concentrations (or quality standards) that cannot be exceeded in order to protect human and environmental health.
As far as I’m aware, there is still no EQS for PCBs in effluent agreed to by the EU. There are PCB guidelines for sediment and biota (animals and plants) at the end of pipelines but these are more concerned with monitoring legacy historic sources of PCBs. I don’t know legally how the Isle of Man was able to do this despite international laws.
The Isle of Man government should be taking a far more precautionary approach to PCBs and potential public exposure, environmental damage and public health risk. They should be doing this anyway, but in the world’s only entire nation Unesco biosphere, I think the moral and legal onus is on them to prove what they are doing is safe. If they are saying it is safe, they obviously need to prove it. I think the onus is also on Unesco to check what is going on in their only all-nation biosphere, especially in the “care” areas of that biosphere.
Calum MacNeil raises some important questions about the very nature of Unesco biosphere status and about the safety of the waters in and around the Isle of Man. The public has a right to clear answers and information. Here are some of the key issues from my perspective as a water scientist.
Long-term health effects
The point about PCB sorption to sediments is a good one. An important study from 2019 estimated that 75% of all PCBs manufactured since 1930 now reside in marine sediment. Marine sediment is literally the waste bin for PCBs. Dilution in rivers is commonly used as a convenient way of masking the mass transport of chemicals through rivers and ultimately to the oceans. So, yes, dilution decreases concentrations locally, but it does not reduce the volume of chemicals transported to or disposed of at sea.
The PCB discharge to Peel bay has been going on since the 1990s which is worrying given possible long-term public health risks and environmental impacts.
Some of the metabolites may leave your body in a few days, but others may remain in your body fat for months. Unchanged PCBs may also remain in your body and be stored for years mainly in the fat and liver, but smaller amounts can be found in other organs as well. Once in our bodies, they can have toxic long-term health effects. Some are associated with fertility issues and they are classed as probable human carcinogens.
Persistence in the environment
Since the 1970’s, the gradual phasing out and banning of PCBs has led to dramatic reductions in their release into the environment. However, despite this, PCBs remain one of the biggest chemical threats to humans and wildlife worldwide. Why is this? Well, we know PCBs are very persistent in the environment, which means they last for decades to hundreds of years. Because of this persistence, they accumulate in living things and we know that at certain concentrations they can be very harmful to us.
It is also because of the widely held belief that “dilution is the solution to pollution”. Sure, dilution of effluent in a river reduces concentrations locally and might allow a government or an industry to meet an environmental quality guideline.
But where have the pollutants gone? They have not disappeared – remember PCBs may persist for hundreds of years. They have gone out to sea where they accumulate in sediments and living things. And we see the evidence and impacts of this all around us. For example, PCBs and other harmful chemicals are routinely detected in apex predators like orcas and whales and polar bears and we know this is negatively impacting their physiology and reproductive health.
PCBs have been detected in the Arctic and Antarctica and even in the Mariana trench in the deep ocean. This is the cumulative result of decades of PCB discharge into the seas from all around the world. We cannot do anything about PCBs that are already in the sea, but with everything we now know about how harmful and long-lasting these chemicals are, we really cannot knowingly continue discharging them into the sea.
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Patrick Byrne receives funding from the UK Natural Environment Research Council.