In a prosecution brought by the Environment Agency, B&M
Elkin & Son Ltd (the Company) of Hall Farm,
Hilderstone, Staffordshire pleaded guilty to three charges
of breaching environmental regulations following two
pollution incidents and failing to provide adequate
effluent storage.
The first incident occurred in Sept 2015 following a report
of farm effluent discharging to the Gayton Brook, Milwich
for several days. Investigators discovered that farm slurry
had escaped from a gap in the storage pit. The incident
caused effluent to run across the farm and into the brook,
which was found to be green/brown in colour with a white
foam, with a foul odour present. Approximately 3000 fish
were killed in this incident.
A second incident occurred on 30 June 2016, when effluent
entered Wheatlow Brook, which was found to be brown and
frothy in appearance.
Hall Farm is within a Nitrate Vulnerable Zone which means
the farm must comply with strict slurry storage capacity.
Environment Agency officers advised the company that there
was insufficient storage capacity and that they were in
breach of the Nitrate Pollution Prevention Regulations
2010.
The company was fined £7,000, and ordered to pay £7,100
costs and a victim surcharge of £120.
In mitigation, consideration had been given that the
business has been operating for 30 years without incident.
The company had also cooperated with the Environment Agency
and pleaded guilty at the first available opportunity. In
addition, B&M Elkin & Sons Ltd had voluntarily paid
£1,000 to the local wildlife trust and had spent over
£20,000 in improvements and remediation at their site.
The Environment Agency Officer leading the investigation
said:
These were entirely preventable serious incidents, which
led to pollution of farmland and watercourses in the
area, resulting in the death of thousands of fish. The
fact that the first incident was subsequently repeated
gave us little choice but to pursue a prosecution.
” I hope this case sends a strong message to the farming
industry that their activities have the potential for
serious environmental impacts, and we take action when
necessary.
If farmers need help understanding the regulations that
apply to them, the Environment Agency are available to
help and can give advice on how to prevent farm
pollution, just give us a call on 03708 506 506.
