From:
Sent:
To:
Subject:

05 September 2019 10:48
20190905

- CARL1000233

RE: Loch Tralaig

Dear
I refer to your email addressed to my colleague

below and apologise for the delay in responding.

Scottish and Southern Energy (SSE) has been operating the Tralaig Power Station at a lower starting position as a
consequence of the relationship between wind and water renewables power generation and to maximise the
amount of renewable energy being supplied to the National Grid. We understand that the reservoir may also have
been lowered temporarily to undertake maintenance works at the dam or outlet channel. SEPA has no regulatory
control over water levels in Loch Tralaig but has requested and is waiting for loch level data which will allow us to
compare current average levels to that of previous years, however the reduced water level is not likely to result in a
significant adverse environmental impact.
Kames Fish Farming has operated a fish farm on the loch since 1978 and although the number of cages in use on the
loch has increased this is not indicative of an increase in annual production. The site is licensed for a maximum
standing biomass of 7.5 tonnes and an annual production limit of 20 tonnes and company records indicate that the
maximum biomass in 2017-18 was 6 tonnes with an annual production of 6.7 tonnes and for 2018-19 this was 6.5
tonnes with an annual production of 7.1 tonnes. The site used 28 tonnes of food between August 2017 and February
2018 and 42.9 tonnes between August 2018 and April 2019. The 2018-19 cycle was 46 days longer than the previous
one and an outbreak of fungus resulted in higher mortalities being experienced over this growing cycle which will
account for increased feed use and operator activity.
The fungal outbreak required the use of repeat formalin treatments but the maximum amount being used within a
24 hour period of 150 litres is within SEPA authorised limits. Maximum treatment volumes were determined
through modelling to ensure that the treatment quantity cannot exceed environmental quality standards. SEPA is
currently reviewing the use of treatment medicines/chemicals at both marine and freshwater fish farm sites and this
may result in some changes to the types that can be used and in what quantities. No changes are proposed in the
interim and the outcome of our review is likely to require further discussions with the Veterinary Medicines
Directorate (VMD) and industry. Veterinary surgeons are currently able to prescribe the use of formaldehyde
containing products in aquaculture for the prevention of disease.
The sample location selected by SEPA is not designed to assess an impact on the loch by fish farming activities but to
provide water chemistry information for the purposes of loch classification under the Water Framework Directive
(WFD). In response to your concerns SEPA has collected an additional sample in closer proximity to the farm and we
intend to repeat this process as the farm increases production within the 2019-20 cycle to observe any significant
trends. It is likely that the fish farm will cause localised water quality impacts but previous surveys undertaken by
SEPA have not indicated a deterioration in overall water quality. Total phosphorous is being monitored monthly and
SEPA has also begun a program of phytoplankton monitoring/sampling as part of a wider review of loch ecology;
phytoplankton sampling takes place during the summer months and initial results from this year suggest a healthy
phytoplankton community. Fish farms are a source of phosphorus but nutrient pressures are also attributed to
diffuse pollution inputs from land uses such as forestry. Kames Fish Farming (along with others in the industry) are
moving to feed with a lower phosphorous content and SEPA will consider intervention should phosphorous levels
show an increasing trend and there is evidence of a wider impact on loch ecology.
SEPA currently holds no information on fish populations in Loch Tralaig although we understand it is host to native
population of Artic Charr (Salvelinus alpinus). Water temperatures range from 2 degrees Celsius in the winter to
over 18 degrees in the summer but the last three out of four years (2017 excluded) have seen summer water
temperatures exceed 18 degrees (as high as 20.9 in June 2016). This may impact on fish behaviour if they choose to
1

 remain in the cooler deeper sections of the loch during the day and become more active in the evening and early
morning. The Argyll Fisheries Trust (AFT) may hold some fish population data on Loch Tralaig if they have
undertaken surveys on either the loch or its tributaries.
I’m happy to discuss this further by telephone if you prefer, you can contact me at the telephone number below.
Regards,

______________________________

Scottish Environment Protection Agency
Kilbrandon House, Manse Brae, Lochgilphead, Argyll, PA31 8QX
t:
e:
@sepa.org.uk
web: www.sepa.org.uk
_______________________________________________________________
The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended
recipients. Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient
please notify us immediately by return email to postmaster@sepa.org.uk
SEPA registered office: Strathallan House, Castle Business Park, Stirling, FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the
email system at SEPA may be subject to monitoring from time to time.

 From:
Sent: Tuesday, November 05, 2019 11:38 AM
To: '
Subject: RE: Kames 1000l Tank of ??

As per my last email,
We are proposing to visit the site again this week and are currently taking up formalin usage issues with Kames.
They are decanting from a 1000l IBC into smaller containers to allow them to safely lift this material over the side so
what appears to be going into the cages may not necessarily be getting used in one treatment.
SEPA is in the process of arranging some ecology work on the loch and formalin is one of the chemicals under
assessment for use in aquaculture, both freshwater and marine.
Regards,

Scottish Environment Protection Agency (SEPA)
Environmental Performance - Argyll, Hebrides and South Highland
AHSH@sepa.org.uk

KilbrandonHouse IM anseBrae IL ochgilphead IP A 31 8Q X

1

 The inform ation c ontained in this em ailand any attac hm ents m ay be c onfid entialand is intend ed s olely forthe u s e ofthe intend ed rec ipients .
A c c es s , c opying orre-u s e ofthe inform ation in itby any otheris notau thorised . Ifyou are notthe intend ed rec ipientpleas e notify u s im m ed iately by
retu rn em ailto m ailto: pos tm as ter@ s epa. org. u k
Registered office: S trathallan H ou s e, C as tle B u s ines s P ark, S tirling, FK9 4TZ. Und erthe Regu lation ofInves tigatory P owers A c t2 0 0 0 , the em ail
s ys tem atS E P A m ay be s u bjec tto m onitoring from tim e to tim e.
D h’ fhaod ad h gu m biam fios rac had h s a phos t-d s eo agu s c eanglac han s am bith a tha na c hois d ìom hair, agu s c ha bu c hòiram fios rac had h a bhith
aira c hleac hd ad h le neac h s am bith ac h an lu c hd -faighinn a bha c òiram fios rac had h fhaighinn. C han fhaod neac h s am bith eile c othrom fhaighinn
airan fhios rac had h a tha s a phos t-d no a tha an c ois a’ phu ist-d , c han fhaod iad lethbhreac a d hèanam h d heth no a c hleac hd ad h a-rithist. M u ra hann d hu ibhs e a tha am pos t-d s eo, feu c h gu n inns s ibh d hu inn s a bhad le bhith c u rpos t-d gu pos tm as ter@ s epa. org. u kO ifis c hlàraichte: Taigh
S rath A lain, P àirc Gnothac hais a’ C haisteil, S ru ighlea FK9 4TZ. Fo A c hd Riaghlad h nan C u m hac hd an Ranns ac haid h 2 0 0 0 , d h’ fhaod ad h gu n tèid
an s ios tam pu ist-d aig S E P A a s grùd ad h bho àm gu àm .

From:
Sent: Monday, November 04, 2019 10:36 AM
To: '
Subject: RE: Kames 1000l Tank of ??

we are continuing making enquiries with Kames about their treatments. The IBC you observed contains
formalin and they shouldn’t be using anything else alongside that to treat the fish in the cages. Oxygen is used in
bath treatments to ensure fish do not suffer from overcrowding when tarpaulin are used around cages, is it possible
the hose you observed relates to this?
SEPA staff were our at the loch side last week and they did not observe any detectable odour from the formalin
treatments. I understand further treatments are proposed for this week and an officer will arrange to attend the site
on one of these days.

Regards,
2

 Scottish Environment Protection Agency (SEPA)
Environmental Performance - Argyll, Hebrides and South Highland
AHSH@sepa.org.uk

KilbrandonHouse IM anseBrae IL ochgilphead IP A 31 8Q X

The inform ation c ontained in this em ailand any attac hm ents m ay be c onfid entialand is intend ed s olely forthe u s e ofthe intend ed rec ipients .
A c c es s , c opying orre-u s e ofthe inform ation in itby any otheris notau thorised . Ifyou are notthe intend ed rec ipientpleas e notify u s im m ed iately by
retu rn em ailto m ailto: pos tm as ter@ s epa. org. u k
Registered office: S trathallan H ou s e, C as tle B u s ines s P ark, S tirling, FK9 4TZ. Und erthe Regu lation ofInves tigatory P owers A c t2 0 0 0 , the em ail
s ys tem atS E P A m ay be s u bjec tto m onitoring from tim e to tim e.
D h’ fhaod ad h gu m biam fios rac had h s a phos t-d s eo agu s c eanglac han s am bith a tha na c hois d ìom hair, agu s c ha bu c hòiram fios rac had h a bhith
aira c hleac hd ad h le neac h s am bith ac h an lu c hd -faighinn a bha c òiram fios rac had h fhaighinn. C han fhaod neac h s am bith eile c othrom fhaighinn
airan fhios rac had h a tha s a phos t-d no a tha an c ois a’ phu ist-d , c han fhaod iad lethbhreac a d hèanam h d heth no a c hleac hd ad h a-rithist. M u ra hann d hu ibhs e a tha am pos t-d s eo, feu c h gu n inns s ibh d hu inn s a bhad le bhith c u rpos t-d gu pos tm as ter@ s epa. org. u kO ifis c hlàraichte: Taigh
S rath A lain, P àirc Gnothac hais a’ C haisteil, S ru ighlea FK9 4TZ. Fo A c hd Riaghlad h nan C u m hac hd an Ranns ac haid h 2 0 0 0 , d h’ fhaod ad h gu n tèid
an s ios tam pu ist-d aig S E P A a s grùd ad h bho àm gu àm .

 From:
Sent: Wednesday, November 06, 2019 11:50 AM
To: '
Subject: RE: Apologies for .. well you know

Following our discussion this morning I have left a message for
Environmental Health to contact me.

of Argyll & Bute Council

SEPA has begun investigating the use of formalin at this site including volume and timings although this is not
something that we can resolve or conclude immediately.
I have requested additional ecology work and this has to be planned although initial results phytoplankton sampling
undertaken this summer did not indicate any impact on loch ecology from the presence/activities of the fish farm.
I’m pretty sure I referred to this in my original email to you but I am not able to locate a copy of that
correspondence at the moment on our files. I did mistakenly misinterpret their biomass/production figures in that
email as we subsequently discussed on the phone.
We may need to obtain copies of video footage and a statement from yourself depending on the outcome of our
investigations.
SEPA is already involved in discussions at a national/UK level with the Veterinary Medicine Directorate (VMD) about
formalin and other chemicals used in freshwater and marine aquaculture. I am not directly involved in these
1

 discussions but I will be made aware of any outcomes that affect day to day use of chemical treatments for fish
welfare or disease issues.
Regards,

 From:
Sent:
To:
Subject:

t
13 November 2019 17:19
20191113

_RE: Day 20

To reiterate what I have already stated in previous correspondence, SEPA only regulates the use of formalin in terms
of its impact on the water environment and compliance with aquatic environmental quality standards (EQS).
At present Kames Fish Farming is permitted to use a quantity of formaldehyde to treat fish at the Loch Tralaig site.
SEPA is investigating the use of formalin/chemicals on the basis of the concerns you have raised but we are not
going to discuss the detail of that investigation or advise on a timeframe for when it may be completed.
Regards,

Scottish Environment Protection Agency (SEPA)
Environmental Performance - Argyll, Hebrides and South Highland
AHSH@sepa.org.uk

KilbrandonHouse IM anseBrae IL ochgilphead IP A 31 8Q X

The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients.
Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient please notify us immediately by
return email to mail to: postmaster@sepa.org.uk
Registered office: Strathallan House, Castle Business Park, Stirling, FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the email
system at SEPA may be subject to monitoring from time to time.
Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a bhith
air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom fhaighinn
air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh a-rithist. Mura hann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk Oifis chlàraichte: Taigh
Srath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea FK9 4TZ. Fo Achd Riaghladh nan Cumhachdan Rannsachaidh 2000, dh’fhaodadh gun tèid
an siostam puist-d aig SEPA a sgrùdadh bho àm gu àm.

 From:
Sent:
To:
Subject:

18 November 2019 16:42
20191118

RE: Formaldahyde monitor

For advice on air monitors I would recommend that you contact Argyll & Bute Council Environmental Health and/or
the Health and Safety Executive (HSE). There are workplace kits that you can buy (such as draeger tubes) which are
capable of detecting very low levels of substances such as formaldehyde but I would not claim to be an expert in this
kind of monitoring.
For information, the substance formaldehyde is also present in a number of household products such as OSD,
particle board, foam insulations and furniture so there may be issues with respect to results depending on where
you planned on taking readings and what levels were being detected. It is my understanding that any levels that may
be present in the house atmosphere from these products are well within relevant health guidelines.
The continued use of formalin at this site remains a matter of investigation; my colleagues notified me that they met
you on site when they were collecting water samples from the loch.
Regards,

Scottish Environment Protection Agency (SEPA)
Environmental Performance - Argyll, Hebrides and South Highland
AHSH@sepa.org.uk

KilbrandonHouse IM anseBrae IL ochgilphead IP A 31 8Q X

The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients.
Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient please notify us immediately by
return email to mail to: postmaster@sepa.org.uk
Registered office: Strathallan House, Castle Business Park, Stirling, FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the email
system at SEPA may be subject to monitoring from time to time.
Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a bhith
air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom fhaighinn
air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh a-rithist. Mura hann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk Oifis chlàraichte: Taigh
Srath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea FK9 4TZ. Fo Achd Riaghladh nan Cumhachdan Rannsachaidh 2000, dh’fhaodadh gun tèid
an siostam puist-d aig SEPA a sgrùdadh bho àm gu àm.

1

 From:
Sent:
To:
Cc:
Subject:

12 December 2019 11:56

20191212

RE: 20191123bt_

Sepa's responsibilties

Dear
Thank you for your email below, which was sent to
on 23 November. Thanks also for the emails you have
sent since then. As a SEPA manager responsible for site compliance issues in your area, I would like to offer a
response to the points you have been raising in recent months.
In relation to duties to monitor and control air pollution, it is only in specific circumstances that these duties fall to
SEPA. For example, SEPA regulates the operators of certain industrial processes such as landfill sites, cement
batching plants, and intensive agricultural units under the Pollution Prevention and Control (Scotland) Regulations
2012.
The Fish Farm operated by Kames on Loch Tralaig is regulated by SEPA under the Water Environment (Controlled
Activities) (Scotland) Regulations 2011 – or CAR for short. These regulations deal with issues affecting the quality of
the water environment, and there is no provision for regulating emissions to air. In this circumstance the duties for
regulating air quality and odours fall to the Local Authority, Argyll and Bute Council, with whom SEPA has been
working on this case.
I see that you have been in contact with the Health and Safety Executive (HSE) about the carriage of hazardous
substances and health and safety in the workplace. I also see that HSE have indicated that the first of these issues
does not fall within their enforcement remit, and have indicated that SEPA may be able to help. SEPA would only
become involved in an issue such as this, alongside other agencies, in the event of a road traffic incident resulting in
the release of hazardous substances to the environment.
As
intimated in his email to you of 13 Nov, SEPA is investigating the use of chemicals at Loch Tralaig in response
to the very serious concerns you have raised, but we are not going to discuss every detail of that investigation or
give a timeframe for when it might be completed.
I understand that you are aware that SEPA took water quality samples on 14 Nov in order to check the levels of
formaldehyde. I can confirm that 3 samples were taken in total, one each from the loch shoreline about 150 m to
either side of the Fish Farm, and one from the river downstream of the loch. In all three cases the results were
below the lower limit of detection for formaldehyde, giving reassurance that levels of formaldehyde in the
surrounding water environment are very low.
In response to the various points you have raised in your emails to
since the one below, I will only say at this
stage that SEPA’s investigation continues, and in the meantime there is no requirement for you to continue to
collect evidence in order to reinforce the concerns you have raised, although you are of course free to do so. Should
SEPA substantiate any breach of CAR licence conditions, impact on water quality or threat to human health, we will
take proportionate action as appropriate under the regulations we enforce, and notify other authorities as
appropriate.
Best regards

1

 Unit Manager – Argyll, Hebrides and South Highland
SEPA Dingwall Office, Graesser House, Fodderty Way, Dingwall Business Park, Dingwall, IV15 9XB
SEPA Stornoway Office, 2 James Square, James Street, Stornoway, Isle of Lewis, HS1 2QN
SEPA Fort William Office, Carrs Corner Industrial Estate, Lochybridge, Fort William, PH33 6TL
SEPA Lochgilphead Office, Kilbrandon House, Manse Brae, Lochgilphead, PA31 8QX
t:
e:
@sepa.org.uk
web: www.sepa.org.uk
________________________________________________________________
The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients.
Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient please notify us immediately
by return email to mailto:postmaster@sepa.org.uk

Registered office: Strathallan House, Castle Business Park, Stirling FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the email
system at SEPA may be subject to monitoring from time to time.
Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a
bhith air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom
fhaighinn air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh arithist. Mura h-ann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk
Oifis chlàraichte: Taigh Srath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea FK9 4TZ. Fo Achd Riaghladh nan Cumhachdan Rannsachaidh 2000,
dh’fhaodadh gun tèid an siostam puist-d aig SEPA a sgrùdadh bho àm gu àm.

 From:
Sent:
To:
Subject:

03 January 2020 17:01
20200103

RE: DAY 70 of using 3 times licence amount

I refer to my Unit Manager’s email from 12 December and previous correspondence.
The licence SEPA issued to Kames places conditions on “discharges” to the water environment from fish farming
activities such as chemical bath treatments to protect the water environment (water chemistry and overall loch
ecology). SEPA has no regulatory control over emissions to air that may result from this activity, the potential impact
on workers from a health and safety perspective or issues concerning the carriage of dangerous goods if applicable.
The use of formalin in bath treatments at this site is an ongoing concern and the quantities being used remain under
investigation.
Regards,

Scottish Environment Protection Agency (SEPA)
Environmental Performance - Argyll, Hebrides and South Highland
AHSH@sepa.org.uk

KilbrandonHouse IM anseBrae IL ochgilphead IP A 31 8Q X

The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients.
Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient please notify us immediately by
return email to mail to: postmaster@sepa.org.uk
Registered office: Strathallan House, Castle Business Park, Stirling, FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the email
system at SEPA may be subject to monitoring from time to time.
Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a bhith
air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom fhaighinn
air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh a-rithist. Mura hann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk Oifis chlàraichte: Taigh
Srath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea FK9 4TZ. Fo Achd Riaghladh nan Cumhachdan Rannsachaidh 2000, dh’fhaodadh gun tèid
an siostam puist-d aig SEPA a sgrùdadh bho àm gu àm.

1