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£6,000 penalty for slurry pollution of Shropshire brook (7 March 2016)

Date: 07/03/2016
Duncan Lewis, Crime Solicitors, £6,000 penalty for slurry pollution of Shropshire brook

A man responsible for running a Shropshire farm at Minsterley has been prosecuted, after slurry from the farm polluted a tributary of the Rea Brook.

On the 21 January 2015, the Environment Agency received a report of slurry running off a field at Bank Farm and covering the nearby road.

Officers attended the site – and when they arrived, they noticed slurry running into the road drains, which flow into the nearby stream.

During their investigation, officers found that slurry had been spread on a steeply sloping field, which was not appropriate for slurry applications when conditions were likely to be wet, frozen or snow covered – which they were at the time of the incident.

Phillip Manning – who was in charge of running the farm – took action to reduce the flow of slurry off the field and clean up the road.

Officers revisited the site the next day and found that the slurry was no longer flowing onto the road or entering the brook – but there was a brown foam and scum on the surface of the water, downstream of the surface water discharge pipe.

Mr Manning attended an interview under caution on 20 March 2015 and confirmed he was responsible for the day-to-day running of Bank Farm. He stated that on the 19 January 2015, a total of 3,000 gallons of slurry were spread on the field in question – and 21,000 gallons of slurry on the same field the following day.

The Environment Agency had previously given Mr Manning advice on safe spreading of slurry.

Phillip Manning pleaded guilty at Shrewsbury Magistrates’ Court to one charge relating to a slurry discharge into a tributary of the Rea Brook. He was fined £725, ordered to pay £5,677.80 in prosecution costs, along with a £72.50 victim surcharge.

The charge was brought by the Environment Agency, contrary to Regulation 38(1)(a) and 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010.

In mitigation on behalf of his client, Mr Manning’s solicitor stated that Mr Manning had assessed the field and based his decision to spread slurry on the field on that inspection, without appreciating the potential problems the snow forecast presented.

The court heard that he had taken over running the farm from his late father –
and is a young man who works long hours from 4am or 5am to 9pm, seven days a week. Mr Manning assisted with the cleanup operation and has no previous convictions.

After sentencing, an Environment Agency officer in charge of the investigation said:

“Mr Manning has fully cooperated with the investigation and took prompt actions to stop the pollution.

“Farm slurry can be very polluting to rivers and it is important that all farmers take care to ensure that they can spread without causing pollution.

“Slurry is a valuable source of fertiliser on the farm and we encourage good nutrient management planning to help farmers get the best from this resource.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of a charge involving environmental offences, including charges relating to contamination of watercourses, air pollution, failing to manage hazardous materials or waste, fly tipping, or misuse of permitted land.

There are Duncan Lewis offices nationwide and in most major cities – and a member of the Duncan Lewis team can attend interview under caution or site inspections with prosecuting authorities such as the Environment Agency or local council.

For expert legal advice on environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.


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