18/05/2005 - On 13 May
2005 at Welshpool Magistrates Court the Magistrates
found in favour of the Environment Agency
in relation to a case concerning the impact
of discharge of silt from Sundorne Products
(Llanidloes) Ltd’s Bryn Posteg premises.
The Magistrates imposed total fines of £42,000
and costs awarded to the Environment Agency
were £18,447.77p.
The Magistrates said in reaching their conclusion
that it was their belief that such a large
amount of silt being deposited in a stream
of only half a metre width would have undoubtedly
resulted in some harm to the macroinvertibrae
and trout population even though there was
no direct evidence presented during the case
confirming this.
The charges were brought by the Environment
Agency under Section 85 of the Water Resources
Act 1991.
Speaking after the case, Samantha Morgan,
an Environment Agency officer involved in
the investigation, said: ‘Companies have a
responsibility to do all they can to prevent
polluting materials entering watercourses
from their premises. They must also deal with
any instance of this happening as soon as
possible. Sundorne failed to do either, resulting
in a serious pollution.’
The Environment Agency’s Barrister, Martin
Diggins, told the court that on Wednesday
30 July 2003 an Environment Agency officer
inspecting Sundorne Products (Llanidloes)
Ltd’s Bryn Posteg landfill site saw that the
Nant–y–Bradnant watercourse directly below
the landfill was discoloured with a considerable
amount of silt.
On Thursday 31 July 2003 the officer carrying
out a further inspection of the site found
no evidence that any contaminated surface
waters were leaving the site. The site manager
was made aware of the issue and the officer
raised her concern that silt contaminated
water may be discharging to the watercourse
via a land drain.
Subsequent investigations by the officer
identified the contaminated water as coming
from a pipe in the field below the landfill.
The site manager was made aware of the discovery
and when asked about the structure, he indicated
that it could be part of the Landfill’s Groundwater
Management System.
On Friday 1 August 2003 the watercourse was
still visibly contaminated. The officer returned
to the landfill site and could find no evidence
that anything was being done to address the
problem.
Investigations indicated that a leak in the
site’s newly constructed surface-water settlement-lagoon
had resulted in a discharge to the groundwater
drains and a clay patch had been put in place
to prevent further leakage.
In November and December 2003 discharges
contaminated with suspended solids were observed
directly discharging into the Nant-Y–Bradnant
from the settlement lagoon.
A sample of the discharge taken on 3 December
2003 showed that solids were 38 times over
the limits set out in water regulations.
