The Court Case Result
In Stirling sheriff court, on the 26th of April 2016, it was confirmed that coal freight movements had stopped and would not resume. As a result, Stirling Council withdrew the statutory nuisance abatement order served on DB Shenker and Freightliner in December 2015. There was no longer any need for them to appeal.
Why the Shaking Stopped
The noise and vibration of the coal freight wagons was sufficient to damage the glass canopies in Stirling station, according to a Network Rail spokesperson. Rail chiefs said this station was being damaged by freight(see news report) . Network Rail managers showed little sign of concern that the physical pollutants that were damaging their own infrastructure were undermining the health and sleep of those living next to the line.
The coal freight came to an end. It might seem, at a glance, like an amicable agreement had been reached, but all is not as it seems.
Who are AECOM?
AECOM describes itself as a global provider of professional technical and management support services in markets that include: transportation, facilities, environmental, energy, water and government. With headquarters in Los Angeles, California, United States and clients in more than 150 countries, AECOM reported a revenue of US$8.0 billion for the year ended March 31, 2014.
PERSONS RUNNING THE COMPANY:
John M. Dionisio chairman and on Board of Directors.
Michael S. Burke- chairman and CEO.
Stephen M. Kadenacy-chief financial officer and president.
Kevin Lynch executive vice president and chief strategy officer
Carla Christofferson– executive vice president and general counsel.
AECOM HAVE BEEN SENT THE FOLLOWING LETTER
I understand that AECOM has high environmental and ethical standards. However, as with any large corporation, things can, in certain sectors or situations go awry. I trust that AECOM, in keeping with its reputation, seeks to resolve occurrences such as the one outlined here involving as it does: Human Rights, public health, professional standards, ethics.
The situation concerns:
•exposure of the public to high levels of noise pollution
•presentation of misleading information on health impact of noise pollution
•provision of advice in areas outside AECOM’s expertise
•the ad hoc creation of exposure criteria not approved by any competent health authority
•deviation from AECOM’s own stated role in the project
•advising that non-health based standards that were 30yrs old and that do not appear in the ES should be used rather than the health-based modern standards specified in the Environmental Statement for the project.
•allocating night noise mitigation based on 30yr old standards that had not been approved in the official process.
•making unsubstantiated and irrational claims- noise of unlimited loudness, if limited to two occurrences per hour, is conducive to undisturbed sleep.
AECOM provided consultancy services, carried out noise and vibration assessments for the reopened Stirling-Alloa-Kincardine railway, and generated subsequent reports, as required by the Environmental Statement for the development. This included advice on the provision of mitigation and advice on allocating mitigation in compliance with commitments made in the ES.
The geographical location is Scotland.
Documentation obtained by FOI requests and other measures is held for all of the above.
I would be pleased if you would provide a contact person who will address this complaint and to advise on your formal complaints process.
RESPONSE FROM AECOM -NIL
So far, AECOM have been contacted five times. They have yet to respond to this letter. The AECOM website contact form was completed twice, they have been emailed, they have been contacted via twitter @AECOM twice. The only response has come via twitter once advising of an email address to use, once saying that an email had been received. No formal acknowledgment or reply has been received for the letter quoted above.
THE FUTURE OF CORPORATE SOCIAL RESPONSIBILITY, CSR
If AECOM wants to be recognized as an ethical, sustainable, socially responsible company, then it has to be honest: that means not just publicising accomplishments but acknowledging and tackling it’s failings. We have seen VW’s reputation collapse primarily due to failure of standards. The consequences are massive and may cripple the company. VW are now seeking whistleblowers to expose the extent of the problem. AECOM’s senior personnel, CEOs, president, the board of directors, are ultimately responsible for the standards within their own corporation. As such, they have a key role in rooting out malpractice or failings wherever and whenever such arise. We look forwards to AECOM fully addressing not just the pollution, ethics, human rights, professional standards issue, but the apparent reluctance of personnel at corporate communication level to even acknowledge notification of this problem.
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Following Legal Advice, Stirling Council is to Take Enforcement Action on Rail Noise and Vibration
Stirling Council is to come to the rescue of line side residents who, following the opening of the SAK Railway line in 2008, have been left with broken promises and high levels of noise and vibration.
A report commissioned by the Council in late 2014 found that night time noise levels outside resident’s homes constituted a statutory nuisance and that vibration levels at some properties was excessive. Network Rail and the freight operators have continued to run heavy night freight despite pleas, complaints and even written requests from the Scottish Parliament in attempts find a solution.
Now, thanks to the support of elected politicians, there is hope that enforcement orders will protect the health and well being of those affected by these forms of railway pollution.
Protecting the Heart of Scotland
Stirling, due to its central position and strong transport connections, is considered by many to be ‘the heart of Scotland’
1 It is a fundamental human right of individuals, communities, cities and nations that they be able to live without the blight of noise pollution.
2 Noise pollution must be controlled to levels that:
•Do not harm health
•That allow normal functioning, well being and development
•That allow adequate duration and quality of sleep (8 hrs adult , 10-12 hrs children)
3 The ‘polluter pays principle’ should be upheld at all times, ie those responsible for creating or who benefit from the process that generates the pollution should bear the cost of taking measures to address it.
4 The ‘precautionary principle’ should be upheld, ie where there is reason to believe that noise or vibration might be harmful, the onus is on those who generate such emissions to prove, with independent verification, that the levels are not harmful or detrimental to health, well-being or sleep.
5 The public should be made aware of the risks from noise pollution through public health bodies and health and well being media outlets.
6 Medical professionals and environmental regulators should be educated on the risks, symptoms and illnesses that result from noise pollution and of the exposure levels at which these occur.
7 Bodies responsible for environmental standards
or quality of life should act in an effective and timeous manner to ensure these are achieved.
8 Inadequate resources such as insufficient staffing, funding or legislative powers may result in an organization or individual being unable to fulfill their role in regulating or addressing issues of noise pollution or vibration. Where this is the case, all persons responsible must formally notify pertinent senior persons or bodies, including the government and health organizations, of their inability to act effectively and the consequences for the affected population.
9 Legal action must be taken wherever possible against individuals or organizations whose actions or failure to act (such as neglect of duty to monitor or regulate), result in the emission of noise pollution that is prejudicial to health, undermine well-being or breach human rights.
10 Vested interests such as persons whose activities, membership, employment are related to the generation of noise pollution should not have any representation on committees, boards or advisory groups whose role is to maintain health, protect the environment or represent the interests of the community who may be subjected to the noise pollution.
11 Impartiality of data and advice or other expertise is essential. This necessitates that consultants or experts who act in the interests of clients who produce noise pollution are not at any point employed in the regulation or assessment of noise pollution, or the development of standards or policies.¹
Why this manifesto?Noise pollution has a highly negative impact on humans and other organisms and causes significant harm to the natural and social environment. Those against it are asked to distribute this manifesto and, wherever possible, to raise awareness, take action or make representation to reduce or eliminate this pollution both for themselves and for others
Definition: Noise pollution is any noise or vibration, audible or inaudible (eg infra sound) , that is introduced by artificial means into the environment that causes harm, discomfort, .
Background: Noise pollution is widespread and increasing and is being generated in the name of ‘progress’ and to serve commercial priorities. The impact includes heart disease, high blood pressure, tinnitus, stress-related illnesses, developmental problems in children and, through sleep deprivation, lower immunity, obesity, inflammation of joints, aggression, deterioration in judgement, coordination and reaction time, inability to memorize, increased susceptibility to accidents. Advised limits, including exposure-dose response relationships have been documented in World Health Organization publications in 1995, 1999, 2005, 2009, 2011. These are based on peer-reviewed studies and give increasingly adamant warnings of the need for controlling this pollution.
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The Office of rail regulation responded to this article as follows.
‘Thanks for your letter and blog post: understand your points and will reply soon.@railregulation‘
The response will be posted on NVAG. END OF UPDATE
Roles- Who Regulates Noise Pollution& Vibration Emitted by UK Railways?
Is it Richard Price, CEO of the UK Office of Rail Regulation? Or the team of ORR executive directors listed here.
Corporate social responsibility (CSR), and sustainability are high profile for any organization of good standing. For a publicly-funded body, a body responsible to government and public, a body that regulates national infrastructure, one would have thought CSR and sustainability would be the bread and butter of what they do. On the basis that ORR and the rail operators should act in a socially responsible manner, have a look at this ORR infographic of Network Rail targets for 2019 (this graphic was produced by ORR, not NVAG).
Anything Missing ?
There’s plenty in the infographic on increasing capacity, improving the network, reliable trains, maintenance, cutting costs . . . but what about CSR and sustainability?
Video of Freight Noise . This link takes you to a YouTube video of noise pollution from a DB Bahn owned freight train
Noise and Vibration Source. DB Bahn owned (DB Shenker UK) freight trains are causing high levels of noise pollution-up to 90dBLamax-and vibration for elderly and infirm residents. Further along the line, children are being shaken awake during the night.
The Railway Line
This UK line is six years old and is maintained and run by Network Rail. According to the UK environment agency, DEFRA, Network Rail manage the noise and vibration levels.
The People Exposed
On the left hand side of this video, immediately on the other side of the crossing, lies Sheltered housing. Many residents are in their 80s. This is not an isolated situation. It occurs day and night and impacts residents young and old right along the line.
We are emailing Deutsche Bahn
DB Environment Center, Berlin, Germany, a link to this video and asking them how they propose to address this issue. DB Bahn say they have high environmental standards.
DB Bahn Response
We will post their response to this problem in a subsequent post.
Whilst construction work was ongoing (building new bridge for electrification, EGIP prog), train speeds in certain areas was lower than normal. Now the lengthy construction work is done, we’d like to know if:
a) train speeds are back to normal
b) what difference if any the lower speeds made to noise and vibration levels.
The rail companies argued at the Scottish Parliament that they couldn’t impose speed restrictions on rail traffic to reduce noise and vibration for residents yet when it became important for the operators, ie when they were engaged in engineering works, they had no difficulty imposing speed restrictions for the best part of a year.
Best Practical Means
This is important. Rail companies can defend themselves from legal action resulting from environmental pollution by claiming that they employ ‘best practicable means’, BPM, to limit emissions or the level of exposure for residents. Do they? The rail operators might argue that they use BPM for maintaining and running the lines, but can they say the same for protecting residents? We don’t think they can. There are many practical methods for limiting rail noise and vibration levels (BPM), methods that are already considered standard and are used in other countries, methods that could be implemented by rail operators in the UK. We see little sign of these being applied here except, perhaps, in a few high-profile situations.
Did the slower speeds help? Are speeds back to pre-construction works level? Email us at email@example.com about changes in noise and vibration levels in your area.
A McI, NVAG Chair.
GETTING A COMPLAINT FORM
Click here to download a complaint form . This will open a new page with a download button. Just click the download button (and direct download option) and it will save a PDF file to your computer. PRINT for yourself and for any neighbours who are affected. The form is 3 pages long, you only fill in the first page which is the essential part (takes about 5 minutes), but you should include page 2 as this is the request for the Council to take action. Page 3 is additional information and is optional. It’s a good idea to keep a copy of what you’ve filled in, then post or hand it in to your own Council at the address below. If you have problems, email firstname.lastname@example.org
Alternatively, phone the Council, tell them you want to make a Formal Complaint about Environmental Pollution and give them the relevant information using the form as a guide. [Posting or handing the form in is probably better].
WHERE TO SEND THE COMPLAINT FORM
COUNCIL ADDRESSES AND PHONE NUMBERS:
CLACKMANNANSHIRE Lynn Parsler, Environmental Health, Clackmannanshire Council, Greenfield, Alloa, Clackmannanshire, FK10 2AD, Tel: 01259 450000
STIRLING Mr B Friel, Environmental Health, Stirling Council, Viewforth, Stirling FK8 2ET, (from landline): 0845 277 7000, Phone (from mobile): 01786 404040, Text: 07717 990 001
STIRLING HAND IN POINT Stirling residents can also hand complaints in at Stirling Council’s Thistle Centre Office: Customer First, 1 – 5 Port Street, Stirling FK8 2EJ (bottom of KIng Street) 9 am – 5.30 pm, Monday to Friday, but make sure it is properly addressed (to Mr B Friel, Environmental Health etc above) for it to reach the correct Council department.
WHAT HAPPENS NEXT
The Council should write to you telling you how they intend to deal with the problem. Keep any correspondence and watch out for announcements on the http://www.nvag.org.uk website or keep checking your email for further developments.
Noise and vibration cause additional health risks as well as being a nuisance so do what you can to minimize exposure, make sure that you monitor your health, especially for blood pressure and cardiovascular issues. Parents should be aware that noise exposure causes cognitive developmental issues in children that may impact on their schooling. NHS Forth Valley have been informed and the Councils are taking steps to investigate the situation.
WHAT’S BEEN HAPPENING:
Anne Massie Sept 2013:
“I had a visit yesterday from Lynn Parsler from Clackmannanshire Environmental Health. She is very sympathetic to what we have suffered over the last five years and will do what she can if she obtains information, but she confirmed what Archie and I have been saying. If you don’t fill in a complaints form and ask her to visit to see your own individual circumstances she can do nothing. She needs to build up an accurate picture of what has been happening and how it has affected our individual lives. The same will apply to other Councils.
She asked me if the trains remained at 10mph past my house would I be able to tolerate that and I said definitely. That may not be the case with other homes – each one will be different. I have mitigation fencing, a tidy garden, much less noise, no vibration – I have little need to complain further (other than possible financial recompense if that is possible) – if I keep going on this it is for YOU!
Lynn has visited four homes in Clackmannanshire, but I am sure there are an awful lot more who should be complaining. Remember you can get used to noise but any levels above 60dba can harm your health. I emphasised that to Lynn. She also looked at the houses in Brucefield Crescent and saw that one had fencing along the line and 5 others did not. She agreed there was no logic in that regardless of any scientific models they prepare.
The noise and vibration is much less where I live in Clackmannan at the moment due to lower speeds while they make track repairs, and also in some other sections along the line; but this will cease very soon and the speeds will be back to normal – 35mph here and 60 to 70mph in some areas. The higher the speed the shorter the time for the train to pass, but the louder the noise and the heavier the vibration.
She is very sympathetic to what we have suffered over the last five years and will do what she can if she obtains information, but she confirmed what Archie and I have been saying. If you don’t fill in a complaints form and ask her to visit to see your own individual circumstances she can do nothing. She needs to build up an accurate picture of what has been happening and how it has affected our individual lives. The same will apply to other Councils.”
Unless you have informed the Council, they take the view that you do not have a problem. The form takes about 5 minutes. Link to the complaint form.