Crime Solicitors

The Environment Agency has prosecuted a farmer, after a stream was polluted with slurry near a popular Cornish holiday beach.

On 9 July 2015, the Environment Agency received a report that the Tywardeath Stream in Par had turned brown and smelt of slurry.

Par duck pond was also polluted and, as a precaution, warning signs were erected at nearby Par Sands – a designated bathing beach – informing the public of the pollution and advising people not to swim in the sea.

The pollution was traced to East Lanescot Farm, where slurry was gushing from a pipe – eels and fish were seen in distress gasping for air immediately downstream of the farm.

David Phillips – a partner in the company that operates the farm – said that, as soon as he was alerted, he had ried to stop the pollution by putting a “bung” in the leaking pipe and had started emptying the slurry lagoon with a tanker.

When the slurry lagoon was emptied, it was discovered a redundant pipe sited under the lagoon had collapsed and this had caused the pollution.

David Phillips estimated that 50,000 gallons of slurry had leaked from the lagoon – he was unaware the slurry had reached the Treesmill Stream, a tributary of the Tywardeath Stream, so had not reported the incident to the Environment Agency.

Among fish casualties were 30 brown trout found upstream of Par duck pond and downstream of the farm. In total, more than a kilometre of river was polluted.

The court heard that there had been a similar pollution incident on the farm in 2013, which had not resulted in prosecution – but the farm was referred to the Catchment Sensitive Farming programme.

The Environment Agency said that, had suggested improvements been carried out following the previous incident, the severity of the 2015 slurry spill would have been reduced.

At Truro Magistrates’ Court, David Phillips was fined £675 and ordered to pay £8,214 in costs, after pleading guilty to an unauthorised discharge of slurry from East Lanescot Farm on 9 July 2015 – contrary to Regulations 12(1)(b) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.

After the hearing, Lisa Goodall for the Environment Agency said:

“The pollution from this farm had a serious impact on the environment.

“Hundreds of fish were killed and a local beach was put at risk during the bathing season – and there were significant costs incurred during the clean-up operation.

“Par duck pond, which is used by recreational fishermen, was badly affected.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of an environmental offence – including advising on offences relating to polluting watercourses, fisheries offences, fly tipping, illegal waste management activities, 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 criminal solicitors on 0333 772 0409.