Legal News

The Environment Agency has prosecuted a Devon-based company and a site owner for polluting 2.5km of the River Dalch.

Greener For Life Energy Ltd produces energy from agricultural waste at Menchine Farm in Tiverton, Devon. The site owner and permit holder is Nomansland Biogas Ltd.

On 23 June 2016 at Exeter Magistrates’ Court, both companies pleaded guilty to negligently polluting the watercourse in 2015 – and contravening the requirements of an environmental permit.

Both companies accepted they were negligent in causing liquid silage liquor to drain off their site into the river and were fined more than £10,000 and ordered to pay £7,019 in costs.

The case was brought by the Environment Agency following a report of suspected pollution in the River Dalch on 11 February 2015.

The Environment Agency’s investigation found that the source of pollution – the escape of liquid silage effluent into the River Dalch – was from Menchine Farm, where the biogas plant was being operated.

Silage effluent is an acidic liquid produced during the silage-making process, which can be a serious pollutant, especially if it drains into a watercourse.

At Menchine Farm, agricultural waste and energy crops collected from nearby farms are turned into gas in a process known as anaerobic digestion.

An Environment Officer who visited the site found extensive sewage fungus along a stretch of the river, with 100% sewage fungus coverage for 1km from the discharge point – and a total of 2.5km of the River Dalch impacted with significant sewage fungus growth.

The presence of sewage fungus is indicative of significant organic pollution.

Environment Officer investigating for the Environment Agency, Richard Tugwell, said:

“Silage effluent has a severely polluting effect – it is 100 times more polluting than raw sewage.

“Starving the river of oxygen has led to a significant adverse effect on water quality, animal health and flora.

“We are satisfied with the outcome – and pleased the courts have taken this matter seriously.

“It took over a week for the watercourse to return to its natural condition – if anyone spots a potential pollution issue please report it to the Environment Agency’s free 24-hour incident hotline on 0800 80 70 60.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of an environmental offence, including charges relating to polluting watercourses, fisheries offences, fly tipping, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices nationwide and in most major cities – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

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