An investigation is continuing into claims that dumping into the sea of potentially toxic material from an old landfill site is unlawful.

Leachate, containing a range of contaminants, is regularly taken by tanker from the former Raggatt tip and disposed of into the sewer at Mill Road, Peel.

From there it is discharged into the bay through the breakwater outfall.

Campaigner Trevor Cowin claims this is being done in breach of the Public Health Act and Water Pollution Act, having submitted a series of Freedom of Information requests to government.

In an email to him last year, Attorney General John Quinn confirmed ’there could potentially be a criminal offence to be investigated for breach of the PHA’.

A prelimary investigation was carried out by Treasury’s audit advisory division in November.

Its provisional conclusion was that no offence had been committed under the Public Health Act as the leachate is disposed into a closed sewer system so there was little risk of a environmental hazard.

The AAD also found there was unlikely to have been an offence committed in relation to the Water Pollution Act.

But given the Attorney General’s view, it recommended that further legal advice may be needed.

Consent

And it said more detailed investigation was needed into possible breaches of the Sewerage Act as no written consent by Manx Utilities to the DoI was in the public domain.

Chief secretary Will Greenhow told Mr Cowin in March that the formal investigation should focus on the Sewerage Act and the Water Pollution Act.

He said: ’It is my view that the disposal of leachate by the DoI takes place into a closed sewer. Therefore the Public Health Act is not relevant in this case.

’I am aware that this does not accord with the initial view taken by the Attorney General.’

A government spokesman confirmed: ’There is an investigation being carried out into this issue by Isle of Man Government, which is ongoing.

’The legislation surrounding the disposal of leachate is complex.’

But Mr Cowin said the delay was unacceptable.

He said: ’I referred this matter to the Chief Minister eight months ago.

’It should not take eight months to carry out a preliminary investigation and a formal investigation is yet to take place.’