Anthrax fears over soil at planned waste plant site

“I would like to know who will be responsible for the de-contamination of the site, will it be the tax payers of Derby and Derbyshire as usual. According to this contract they seem to be liable for everything that could possibly go wrong or that might cost some money. Although as pointed out the land will not actually be de-contaminated so as much as the surrounding area will be contaminated with the contaminants that are at the moment in the ground.”

“Yet it is stating exactly what the contractor and sub-contractor ARE liable for. Too bad it is in the wrong section then, unless they didn't want to put it in the 'liabilities' section.

Derby and South Derbyshire Friends of the Earth”

“yes FoE
exactly as I said, twice now
Force Majeure is anything the contractor is NOT responsible for

The Force Majeure clause states the contractor is not responsible for nuclear war etc etc
The part you are referring to where it states the contractor has a responsibility is NOT Force Majeure”

“AR - That paragraph states that the contractor is not liable for nuclear, biolgical or chemical contamination, then there is the word UNLESS - this changes the meaning of the whole paragraph
to non- liability EXCEPT FOR the cause of the contamination being actions by the contractor or sub-contractor which would result in contamination.

Derby and South Derbyshire Friends of the Earth”

“yes FoE
exactly as I said
Force Majeure is anything the contractor is NOT responsible for”

“AR Here is the actual wording in that contract -

"Force Majeure Event - the occurence after the date of this contract of,,,

b) nuclear, chemical or biological contamination UNLESS the source or the cause of the contamination is the result of the actions of, or breach of the the obligations under this contract, BY the contractor or its sub-contractors"-

Therefore, when the dioxin in that contaminated soil is dispersed by wind during construction and birth defects increase (as they did in Corby due to poor decontamination of an ex-steelworks site and approximately 50 children were born with birth defects because their mothers had breathed that in and it had crossed the placenta) RRS/Shanks will be liable

Derby and South Derbyshire Friends of the Earth”

“"There is a clause in the waste incineration contract which binds the developer RRS/Shanks into paying compensation for any accident of chemical contamination - called Force Majeure"

Sorry DerbyFoE but you have a basisc misunderstanding there of what a Force Majeure clause is

Force majeure in a contract is there to EXCUSE one or both parties from any RESPONSIBILITY or LIABILITY should an UNAVOIDABLE accident occur that is entirely OUTSIDE the CONTROL of either party - riot, war or act of god (hurricane, earthquake etc) for example

If there is a clause in the contract that as you say binds them into paying compensation should an accident occur, its not a Force Majeure clause, as they do exactly the opposite and remove responsibility”

“Thanks - There is a clause in the waste incineration contract which binds the developer RRS/Shanks into paying compensation for any accident of chemical contamination - called Force Majeure.

Incinerator bottom ash is also buried on Wilmore Rd.
'Unkown' substances were found onthe tannery site.
The ground is contaminated with nickel and chromium amongst other nasties and the Barrack brook, on the site and the route of which is unknown, probably feeds into the minor aquifer. Cuttle Brook has been polluted many times. This incineration plant would make a great cover for other polluting industries inthe area.

We need the site fenced off and information boards provided, stating that we made mistakes and have no wish to inflict them on future generations. (Dioxin contamination in Corby, Bhopal, Cambodia etc causing birth defects) In fact, we have already suggested the wording to the council.

Petition on East St. St Peters St 10.30am-12.30 Sat 10 Nov, weatherpermitting

Derby and South Derbyshire Friends of the Earth”

“Makes one wonder.”