A Somerset dairy farmer has been given a suspended prison sentence and ordered to pay out £10,000 for allowing slurry to run a nearby stream.
David Bartlett, of Upcott Dairy Farm, Wellington, has been given 14 weeks in prison suspended for a year after he 'persistently allowed' slurry to run off into the Westford stream.
The 70-year-old appeared for sentencing before District Judge Brereton at Taunton magistrates’ court on 18 July, as part of a case brought by the Environment Agency.
He had previously pleaded guilty to three offences relating to pollution to the Westford stream, a tributary of the River Tone. He was also ordered to pay £154 victim surcharge.
The court heard that the farm had a history of failing to properly contain slurry and had been warned several times in the past for causing pollution of the Westford stream.
In October 2022, Environment Agency officers installed remote monitoring equipment on the stream which confirmed regular pollution events were continuing to occur.
Using the data from the remote monitoring, officers went to the monitoring site in December 2022 where they found significant amounts of sewage fungus contaminating the bed of the watercourse, an indication of persistent pollution.
Continuing upstream towards Upcott Dairy Farm, they said colonies of bloodworm were evident, which are a species of pollution tolerant organism associated with poor water quality.
No invertebrate life forms were noted when stones in the stream bed were turned over, further indicating the poor quality of the water, the Environment Agency said.
Near the farm, one of the officers saw a nearby ditch had suddenly started to discharge a significant amount of effluent with the appearance and smell of slurry.
The source was quickly traced to an overflowing underground slurry tank on Upcott Dairy Farm.
Officers also investigated the system used for applying slurry to fields. Mr Bartlett was using a simple pipe to dispose of slurry in a single location.
Although not discharging slurry at the time of the pollution event inspection, the agency said it was clear there was significant contamination of slurry around the end of the pipe and evidence that slurry had tracked down the field toward the stream.
A subsequent visit found slurry being pumped on to waterlogged land with no attempt to use the slurry for crop benefit, the court heard.
The slurry was several inches thick in the field indicating it had been pumped over a prolonged duration in the same location.
Toward the bottom of the field there was a significant build-up of mud and slurry either side of the gateway crossing the stream and this too presented a risk of further runoff pollution into the stream.
A biologist’s survey and report confirmed that there had been “a significant negative impact on the aquatic invertebrate community and water quality along 2.5km of Westford stream.”
It stated that the Westford stream had experienced repeated, acute and sustained chronic pollution events by slurry.
The lack of slurry storage had led to slurry being pumped inappropriately on to a single patch of land where it was likely to run-off and cause pollution.
The court heard that Mr Bartlett had failed, despite repeated warnings, to install slurry storage facilities that would allow slurry to be stored during winter when ground conditions were unsuitable.
The farmer submitted a statement to the Environment Agency in which he made limited admissions, implying others, such as his neighbour and the local authority were responsible. He denied deliberately pumping slurry into the watercourse.
Judge Brereton said there were significant aggravating features in the case, including Mr Bartlett having previously been warned over causing pollution.
As well as this, the judge said there was his failure to carry out proper checks or make structural improvements by way of an adequate, compliant slurry storage system.
After the sentencing, David Womack of the Environment Agency said: “This farmer has caused numerous pollution incidents and he has repeatedly failed to acknowledge the advice given or to improve the facilities for storing or properly using slurry."
He added the agency hoped that Mr Bartlett would work with it to “voluntarily improve” the facilities at Upcott Dairy Farm.
“If he doesn’t, we won’t hesitate to use other legislative powers to reduce the risk of further pollution,” Mr Womack concluded.
