A County Durham company and its farm manager have been fined and ordered to pay costs totalling £24,000 in a prosecution brought by the Environment Agency.
High Hedley Hope Farm Limited and its farm manager Cyrus Armstrong, 58, appeared at Newton Aycliffe Magistrates’ Court on Monday 19 June where they pleaded guilty to a number of offences relating to an illegal spill of digestate into the watercourse, non compliance with regulations around the storage of slurry and silage at the farm, and pollution caused by a leaking slurry lagoon.
Armstrong was fined £3,500 and the company £15,500, with both ordered to pay £2,655 in court costs each.
Neil Paisley, Agriculture Team Leader at the Environment Agency in the North East, said:
With land spreading of fertilisers in full swing this court case is a timely reminder for operators to ensure they follow the correct procedures to spread safely and in the correct place in accordance with their environmental permits.
Spreading waste to land is an alternative source to traditional fertilisers. We have permits in place to protect the environment from these activities and will take action against anyone who flouts the law. In this case it has proven costly for the operators.
Hose torn off spreader.
Digestate, often used as a fertiliser, is a by-product of the anaerobic digestion process where bacteria break down organic matter, such as manure, wastewater or food waste.
High Hedley Hope anaerobic digestate plant, which is next to High Hedley Hope Farm at Tow Law, has an environmental permit for food waste. The farm takes the digestate from the plant and spreads it on the farm.
The court heard that in March 2021 a hose was torn off the spreader and an unknown quantity of digestate was spilled into a tributary of the River Deerness, affecting water quality for around 700m, including dark water with an agricultural smell, dead invertebrates and sewage fungus. They did not report the spill to the Environment Agency.
In addition, the following week a second of pollution into the tributary was reported and attributed to a leaking slurry lagoon, which Armstrong said he was not aware of.
Concerns about lack of awareness of regulations
Neil added:
We’re concerned about the lack of awareness amongst some farmers, their advisers and contractors, about the Silage, Slurry and Agricultural Fuel Oil (SSAFO) Regulations, despite the fact that these regulations have been around since 1991.
They are designed to ensure that slurry and dirty water stores, silage clamps and diesel tanks are built or installed in a way which minimises the risk of their contents escaping into the environment and polluting water or land. We encourage farmers to engage with us at the earliest opportunity if they are thinking about constructing a new store.”
Source: Environment Agency 29th June 2023
