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£24,000 fine for company’s pollution of Lincolnshire watercourse (13 April 2016)

Date: 13/04/2016
Duncan Lewis, Legal News Solicitors, £24,000 fine for company’s pollution of Lincolnshire watercourse

The Environment Agency has prosecuted a Lincolnshire company, after a 3.5km stretch of a local watercourse was contaminated.

A Hughes and Son (Skellingthorpe) Ltd of Jerusalem Farm in Skellingthorpe allowed effluent to flow into a tributary of the Skellingthorpe Catchwater Drain, resulting in extremely high levels of ammonia in the water.

The company runs a rendering plant on site to process animal by-products into protein meal – an Environment Agency investigation into the water pollution found the company had been negligent and had failed to take reasonable care to prevent the pollution from occurring.

The court heard that the company’s monitoring processes were insufficient – and the sampling they had carried out of the tributary was inadequate, as it failed to identify significantly high levels of ammonia in the watercourse.

The case was brought by the Environment Agency following a report of suspected pollution in September 2013.

An Environment Officer attended and observed a light-coloured bubbling and frothing discharge entering the watercourse.

Investigations found that the discharge was seeping through the bank of the watercourse from the company’s site.

The levels of ammonia recorded in the watercourse were grossly polluting at 207mg/l – and toxic levels of 39.8mg/l were also recorded approximately 3.5km downstream.

Typically, clean river water has ammonia levels of less than 1mg/l.

The company’s water monitoring plans also provided no details as to how or where the waste water lagoon or tributary was to be checked – the drainage plan did not include the lagoons or any drainage in relation to moving the effluent to and from the lagoons, Environment Agency officers found.

The company co-operated with the investigation and has since increased monitoring of the tributary – there have not been any further pollution incidents reported.

The company pleaded guilty to causing a poisonous, noxious or polluting matter to enter inland freshwaters – namely a tributary of the Skellingthorpe Catchwater Drain at Jerusalem Farm at Skellingthorpe in Lincolnshire – between 4 and 19 September 2013, without being authorised by an environmental permit, contrary to Regulations 12(1)(b) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.

On Thursday, 7 April 2016 at Lincoln Magistrates’ Court, A Hughes and Son (Skellingthorpe) Ltd was fined £15,300 and ordered to pay more than £9,000 in costs. The company was also ordered to pay a victim surcharge of £120.

After the hearing, Environment Officer Alice Calton said:

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

“We hope that this prosecution will send a clear message to other companies and operators that poor practice is unacceptable and they must have suitable site management to prevent pollution incidents.

“High levels of ammonia can have a detrimental effect on fish and other aquatic life, affecting their food, breeding, or even poisoning them. Pollution like this can have devastating effects on the watercourse – and it is essential that all care is taken to prevent this type of incident.

“We’d also encourage anyone who spots a potential pollution issue to report it to us by calling 0800 80 70 60, so we can investigate and take the necessary action.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise businesses and individuals facing prosecution for environmental offences at any stage of a charge for offences such as fly tipping, failing to manage hazardous waste, waste carrier offences, water, air or noise pollution, misuse of permitted land, or fisheries offences.

There are Duncan Lewis offices nationwide and in most major cities – and a Duncan Lewis criminal defence lawyer can advise before charges are brought and can attend site interviews with investigating or prosecuting authorities.

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

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