Oil Refinery Accused of Dozens of Pollution Spills in Rivers and Mersey Estuary

According to documents exclusively shared with the BBC UK, one of the UK's largest oil refineries has reportedly discharged pollution into local rivers and the Mersey Estuary on multiple occasions during 2023 and 2024.

EET Fuels, which operates the Stanlow refinery and was previously known as Essar, previously pleaded guilty to 12 charges related to environmental law breaches spanning 2018 to 2020. However, investigative journalists from SourceMaterial have obtained documents detailing other instances of breaches at the Ellesmere Port, Cheshire, facility, indicating that toxic chemicals and oil were regularly released into both waterways and groundwater.

EET Fuels has stated that it takes its environmental responsibilities very seriously. The Environment Agency (EA) has confirmed that it is looking into these alleged breaches.

The Stanlow oil refinery is noted as one of only four remaining refineries in the UK, processing 10 million tonnes of crude oil annually, which supplies approximately 18% of the nation's fuel for road transport, such as cars and trucks. EET Fuels acquired the refinery from Shell in 2011 for £842m and holds an operating permit that allows it to discharge controlled amounts of oil and chemicals into the air and waterways, provided it makes efforts to limit environmental harm and human impact.

However, reports from the EA concerning refinery activities, which were uncovered by environmental journalists from SourceMaterial, indicate that in 2023 and 2024, the permitted limits for chemical releases were exceeded hundreds of times. The regulator determined that this constituted 58 instances where EET Fuels broke its permit conditions over the two-year period, which could constitute an illegal offense.

The documented spills included toxic chemicals such as heavy oils, benzene, and cyanide, which were released into the air and local waterways like Thornton Brook and the River Gowy, both of which connect to the River Mersey Estuary. The Estuary is designated as a Site of Special Scientific Interest (SSSI) and is a habitat for endangered species, including dolphins and a breeding ground for rare birds.

Charlotte Harris, chief executive of Cheshire Wildlife Trust, explained that species such as dunlin, blacktail, godwit, and red shank travel globally to feed and roost in the land surrounding the River Mersey, noting that this has been possible due to years of pollution cleanup efforts by organizations including the Wildlife Trusts. Harris also mentioned the return of Atlantic salmon to the river and the annual migration of the critically endangered European eel into the Mersey and River Gowy to breed.

EA documents specify that pollutants like sulphur dioxide were released into the air at seven times the permitted levels, cyanide into waterways such as the Gowy at over eight times the permitted levels, and oil at more than thirteen times the allowed levels. In a single event in July 2023, the company violated its permit after rainwater containing oil leaked from the site; the EA classified this event as "significant." The EA report noted a "significant number" of complaints from local residents regarding odors, and subsequent investigations indicated that the oil had contaminated groundwater sources.

EET Fuels informed the BBC that the amount of lost oil was on a "low scale" and was "strictly localised to two boreholes, all well within the Stanlow site itself."

A subsequent EA report dated 12 September 2024 stated that oil was spilled again from the site. Over a span of 36 hours, more than one tonne of oil was released into Thornton Brook and subsequently spread into the Mersey Estuary. Although EET Fuels reported the incident to the authorities, it took the company nearly two weeks to provide an estimate of the spilled oil, which constitutes another breach of regulations requiring such estimates within 24 hours.

Meeting documents show that an emergency response team was assembled, comprising regulators from the EA and Natural England, local port authorities, and the Fisheries Authority. Natural England (NE), which oversees SSSIs, stated in one meeting that whatever entered the area would affect the vegetation and salt marsh, and there remained a potential risk of ingestion by birds.

A drone survey was conducted to assess the extent of the damage, revealing that the oil had spread for over a mile down the river, with "brown discolouration around the reedbed." The footage captured wading birds, including the red-listed Dunlin, in the affected area.

Charlotte Harris stated that when chemical pollution is involved, the impact is not confined to a small area, as the river system is highly dynamic and high energy, causing pollution to spread rapidly.

A floating barrier was put in place to attempt to contain the spill. The regulators determined that because the site was not easily accessible, the public health risk was low, but a decision was made to close local cockle beds in the Estuary while the Food Standards Agency (FSA) tested the water quality. Although the beds were ultimately cleared, they remained closed for five weeks during the testing period.

Mark Taylor, CEO of the Inshore Fisheries and Conservation Authority North West, informed the BBC that the incident resulted in a delay in fishers' ability to earn income from the beds, though he added that this income could be recovered later in the season. The EA later categorized the incident as a "minor" breach of the company's permit.

In a statement to the BBC, EET Fuels asserted that the selectively chosen, historical permit exceedances from previous years do not reflect the refinery's current operational status, environmental performance, or governance.

The Environment Agency has initiated a separate criminal investigation into the events of September 2024 and informed the BBC that this investigation is "ongoing." It has not yet confirmed what action it will take regarding the 2023 offenses.

Regarding the investigation, Natural England began its own inquiry following the 2024 incident but eventually dropped it, informing the BBC that its assessment concluded the environmental impact on the SSSI was minor, despite the incident being regrettable. However, internal emails from Natural England to the EA indicated that the reason for dropping the investigation was the belief that the company's operating permit did not impose limits on the quantity of oil that could be released, despite the associated pollution risks. The officers wrote that the permit verified Stanlow's position that storm overflow was permitted and that no limit was set on the quantity of oil released, leading Natural England to decide not to take further action.

James Wallace, chief executive at River Action, suggested that these documents point to a trend of pollution incidents being downplayed, where evidence is being disregarded. When questioned about the rationale for dropping the investigation, Natural England stated its function was to assess the impact on the protected site, and that questions concerning "compliance with the environmental permit are matters for the Environment Agency."

Environmental advocates are calling for more immediate action. Wallace noted that the fact that the case concerning previous permit breaches from 2018 to 2020 took up to eight years to reach the courts, coupled with the apparent repeated violations of environmental law by the company, raises questions about the effectiveness of regulators in discouraging environmental pollution. Wallace emphasized the need for consistent law enforcement and the threat of punitive measures across all industries, including the water sector and oil refineries. Charlotte Harris of Cheshire Wildlife Trust concurred that current regulations are "not solving the problem at source at the moment," adding that when a business affects a river, it is crucial that it is held accountable, but further, the situation should not occur in the first place, requiring better management of river systems.

EET Fuels also informed the BBC that it has supported its environmental commitments through decisive action, investing over £24 million in wastewater infrastructure alone and achieving a measurable improvement in Environment Agency compliance ratings, moving from an F rating in 2023 to an E rating in 2024 as major capital projects became operational.