Perth man fined £9000 for polluting the River Earn
EXT01 – D01
Scotland's environment watchdog is reminding anyone carrying out
work in or near a watercourse to ensure they take steps to protect
the environment before starting. The warning comes after a former
fishery consultant was fined £9000 at Perth Sheriff Court today
(Wednesday, 3 February 2010) after previously pleading guilty to
allowing work to be carried out at a reservoir in Perthshire which
resulted in serious pollution to the River Earn
Richard Philp had pled guilty on 6 October 2009 to carrying on a
controlled activity liable to cause pollution of the water
environment at the reservoir of Whitehouse of Dunira Estate without
authorisation under the Water Environment (Controlled Activities)
(Scotland) Regulations 2005.
The work, which was done by a sub-contractor, resulted in
suspended solids entering the Allt Sgairnich Mhoir, a tributary of
the River Earn, and then on into the River Earn itself. The matter
was investigated by the Scottish Environment Protection Agency
(SEPA) and reported to the Procurator Fiscal.
The Court heard that in March 2008 SEPA officers responded to a
complaint about silt pollution in the River Earn near Comrie. When
officers arrived at the River Earn they found the water was heavily
polluted, and traced the pollution up the Allt Sgairnich Mhor to
some works which were being carried out to clear out and restore a
fishing pond at the Dunira Estate, Comrie. At the time of the
incident the Estate was owned by the Dunira Estate Partnership the
partners being Paul John Thwaites and his wife. The Court heard
that they no longer own the Estate. The Tay District Salmon
Fisheries Board identified the Allt Sgairnich Mhor as one of the
most important spawning burns in the Earn.
SEPA officers took samples of the watercourse and measured silt
deposits. They found that the levels of silt above the works
were 8mg/l, whilst those below the works were 1,900mg/l over 200
times higher than the upstream levels. They also found
deposits of over 30cm of silt on the bed of the watercourse
immediately downstream of the works. A SEPA fishery ecologist
also attended and made an assessment on the likely impact on any
spawning redds in the watercourse.
Calum McGregor, a Senior Environment Protection Officer for SEPA
based in Perth, said:
"I have over 10 years experience dealing with pollution
incidents and have never seen an impact from suspended solids of
this scale before. A significant volume of silt was released and
deposited into an important river at a critical time in the life
cycle for salmon, sea trout and brown trout. Most, if not all, of
them would have spawned in the River Earn by the time of the
incident and their eggs would have been very vulnerable. The silt,
which was up to 30 centimetres deep, also caused a significant
impact on the invertebrate ecology.
"It was entirely foreseeable that the works at the reservoir
would result in the release of suspended solids pollution unless
proper mitigation plans were put into place. The works included
removing about 1,000 tonnes of silt, while allowing a watercourse
to run through a construction area. Guidance on working in or near
watercourses and guidance on the risk of pollution associated with
construction works, including the risk of silt pollution, has been
produced and it would have been possible to overpump or divert the
watercourse ensuring that the suspended solids were not allowed to
be discharged or escape from the works.
"Despite the obvious risk of silt pollution no consideration was
given to pollution prevention measures before or during the works.
Not even the most basic steps were taken to stop silt being
released to the environment."
SEPA's Colin Bayes, Director of Environmental Protection and
Improvement said:
"We want to help people avoid pollution and advice on how to do
that is easily available from our staff, offices and
www.sepa.org.uk. The NetRegs website, www.netregs.gov.uk, also
offers clear guidance on environmental rules and regulations.
However, where pollution is significant or persistent, or is as a
result of wilful or negligent actions, SEPA will use its
enforcement powers to protect the environment for the benefit of
all of Scotland's citizens.
"Importantly, if a pollution incident occurs, we urge anyone to
let us know straight away by calling our 24 hour pollution report
line, 0800 80 70 60, giving as many details as possible so
effective action can be taken."
Ends
Notes to editor
The exact charge pled to:
On 17 March 2008 and 18/03/2008 at the reservoir at Whitehouse
of Dunira Estate, Perthshire you RICHARD PHILP did carry on a
controlled activity, namely an activity liable to cause pollution
of the water environment in that you RICHARD PHILP did by the hands
of your sub-contractor Michael Liam Scott carry out works at the
said reservoir whereby the suspended solids from behind the
impoundment on the reservoir entered the Allt Sgairnich Mhoir, a
tributary of the River Earn, and thence the River Earn without the
authority of an authorisation under the aftermentioned Regulations;
CONTRARY to the Water Environment (Controlled Activities)
(Scotland) Regulations 2005 Regulation 5 and 40(1)(a) and the Water
Environment and Water Services (Scotland) Act 2003 Section
20(3)(a).