10/03/2006 - Three men
found guilty of causing the worst pollution
of a river ever seen in Lincolnshire by
the Environment Agency have been ordered
to pay for its restocking after more than
100,000 fish died. Gareth Toogood, Gordon
Bristow and Michael (Sid) Raynor have all
been ordered to share the £33,000
restocking costs of the river as well as
£62,000 towards Environment Agency
prosecution costs.
Toogood, will pay the lions share of both
with £20,000 of the restock cost and
£40,000 prosecution costs.
Judge Jeremy Lea said today (Fri) at Derby
Crown Court: ‘The environmental impact on
the River Slea was nothing short of disastrous
but the greater culpability lay with Toogood.’
Bristow and Raynor are each to pay £6,500
compensation towards restocking and £11,000
each towards prosecution costs.
All three were each also ordered to do
150 hours community service as well.
All three, along with Toogood’s previous
company Marque Technology, had denied charges
that resulted in the killing of all aquatic
life over a 15-mile stretch of the river
in February 2003.
But guilty verdicts were returned by a
jury at Lincoln Crown Court last month.
A pesticide, Cypermethrin, was washed into
the river during the clearance and disposal
of unwanted steel drums from a yard that
had, until 7 February 2003, belonged to
Marque Technology Limited (now known as
Dormcrown Southern Ltd).
Filled bulk containers had already been
removed and disposed of safely by another
company, but two local contractors were
employed to take away 1,200 empty steel
drums that had once contained Cypermethrin.
Local contractor Bristow of Vicarage Lane,
Helpringham and haulage contractor Raynor
of Moor Park, Ruskington, were brought in
to deal with the clearance. During the process
of loading the drums onto lorries over the
weekend, residues of cypermethrin inside
the drums entered an open gulley in the
centre of the yard.
As a result the pesticide was washed into
a surface water drain which led into the
River Slea via Castle Moat and the Nine
Foot River causing a major pollution incident.
Both men, the company and its sole director
Gareth Toogood were charged with causing
pollution in a trial that lasted two weeks.
The Environment Agency claimed that the
clearance of the drums had been organised
by Toogood of Cambridge Road, Godmanchester.
He was off-site at the time of the incident
with flu.
All aquatic life in the River Slea was
wiped out. The fish killed included trout,
pike, roach, dace and perch.
After the hearing today environment team
leader John Giles said: ‘Today’s sentencing
draws to a close our investigation into
the release of cypermethrin to the River
Slea in February 2003. The actions of the
defendants led directly to the almost total
loss of aquatic life in the river.
‘It is certainly the most serious incident
of water pollution in Lincolnshire that
the Agency has ever been faced with and
we are satisfied with the guilty verdicts.
‘The case highlights the risks involved
with the handling and storage of materials
of this nature and this incident could have
been avoided. Had proper instructions for
the drum removal been given and had appropriate
advice been sought, cypermethrin residues
would not have found their way into the
surface water drainage system.
‘Our role now is to continue to monitor
the recovery of the water course and we
will ensure that a programme of restocking
continues to assist the return of the watercourse
to something like its pre-pollution state.’
The Environment Agency started re-stocking
the river with the introduction of 17,000
roach in autumn 2003 after carrying out
a comprehensive monitoring programme of
the water to make sure it was once again
of sufficiently high quality to sustain
a healthy fish population.
In all, it is anticipated that a further
15,000 fish of various species will be introduced
to the river over the next 3 years. It is
likely that it will take many more years
for the river to return to its former pre-pollution
condition.
Charges:
Marque Technology Ltd (now known as Dormcrown
Southern Ltd):
1) That between 12 February 2003 and 18
February 2003 you did cause poisonous, noxious
or polluting matter to enter controlled
waters, namely the Castle Moat, at Sleaford,
leading to the Nine Foot River, Sleaford
in turn leading to and entering the River
Slea, between Southgate and Carre Street,
at Sleaford in the county of Lincolnshire
Contrary to section 85(1) Water Resources
Act 1991
Toogood:
1) On between 12 February and 18 February
2003 you did cause poisonous, noxious or
polluting matter to enter controlled waters,
namely the Castle Moat, at Sleaford, leading
to the Nine Foot River, Sleaford in turn
leading to and entering the River Slea,
between Southgate and Carre Street at Sleaford
in the County of Lincolnshire.
Contrary to section 85(1) Water Resources
Act 1991
Bristow
1) Between 12 February 2003 and 18 February
2003 you did cause poisonous, noxious or
polluting matter to enter controlled waters,
namely the Castle Moat, at Sleaford, leading
to the Nine Foot River, Sleaford in turn
leading to and entering the River Slea,
between Southgate and Carre Street, Sleaford
in the county of Lincolnshire.
Contrary to section 85(1) Water Resources
Act 1991
Raynor
1) Between 12 February 2003 and 18 February
2003 you did cause poisonous, noxious or
polluting matter to enter controlled waters,
namely the Castle Moat, at Sleaford, leading
to the Nine Foot River, Sleaford in turn
leading to and entering the River Slea,
between Southgate and Carre Street at Sleaford
in the County of Lincolnshire.
Contrary to section 85(1) Water Resources
Act 1991
