Orchid Investments Ltd have pleaded guilty at Leamington Magistrates’ Court to causing a discharge of chemical toilet effluent into a tributary of the Gran Brook on or before the 15 August 2011 without having an environmental permit in place.

The company was fined £16,000, ordered to pay £9,367 in costs, along with a £15 victim surcharge.

The charge was brought by the Environment Agency under the Environmental Permitting Regulations (England and Wales) 2010. On behalf of the Environment Agency, Sheila Abrahams, solicitor told the court that this case concerns the significant pollution of a tributary of the Gran Brook at Long Marston Airfield near Stratford upon Avon, which is a tributary of the River Avon, resulting in the death of over 300 fish. Orchid Investments Ltd supplied sanitation services for the Bulldog Bash Annual Event in August 2011.

Normally, sealed plastic holding tanks would be used to contain the effluent during the event, prior to the removal off site to a sewage treatment works for treatment. On this occasion, the holding vessel was a ‘lagoon’ type cutting within the watercourse itself, which the company had wrongly assumed was lined. Therefore, the effluent was discharged directly into the watercourse. The discharge of the chemical toilet effluent happened on, or around 15 August 2011. It resulted in a significant water pollution which killed over 300 fish of various species including roach, minnows, perch and dace.

Ammonia results showed that the increased levels of ammonia found in the watercourse were directly toxic to fish. The fish kill and extent of the pollution significantly impacted 2.2km of the watercourse, however, investigations showed that the total distance affected by the pollution extended to 3.7km, reaching the confluence with the River Avon. The impact was minimised by the extensive clean-up operations carried out by the Environment Agency.

Officers attended the site around the clock to monitor and to contain the pollution, in order to minimise the risk of the pollutant entering the River Avon. A representative of Orchid Investments Ltd was interviewed under caution on 9 November 2011. The company expressed remorse for damage to the environment and acknowledged that there was an element of negligence on their part.

Speaking after the case, Kate Grimsditch, the Environment Agency officer in charge of the investigation said, “Rivers and watercourses are an important part of our environment, and we must do our best to protect them from pollution. Regulations are in place for a good reason, and we will not hesitate to prosecute in cases where they are disregarded.” In mitigation, the court was told that the company had expressed remorse for this incident and had entered a plea at the earliest opportunity. The company had cooperated fully with the Environment Agency and have taken steps to ensure there will be no repeat incidents in future.

Thousands of fish died and thousands more were damaged by agricultural chemicals that leaked into the River Nene in Peterborough, magistrates heard on Tuesday 26 February.

Some of them were bleached and others leapt from the water and died along the affected 50km stretch of water. Chemical manufacturer and packaging company Safapac pleaded guilty at Peterborough Magistrates’ Court to causing the pollution on 18 June 2012 and claimed vandals damaged containers allowing 5,000 litres of three chemicals to get into drains. The case has been sent to the crown court for sentence as magistrates felt their sentencing powers were insufficient. Mrs Anne-Lise McDonald, prosecutor for the Environment Agency, told magistrates that the company reported the spill to them on a day when they had also taken 15 calls from people about distressed fish in the river.

Investigators linked the two incidents. Drainage plans held by the company at their Orton Southgate site and initially shown to environment officers showed a drain on site led to a foul sewer. Further investigation by the company identified that it was, in fact, a surface water drain which discharged to the river.

All three chemicals, an insecticide, a fungicide and a disinfectant, are known to be very toxic to aquatic organisms and can cause burns, drowsiness or dizziness to people. The effect on the River Nene was seen as far as Wisbech and cockle fishing in The Wash was quarantined and closed 19-21 June by the regulatory authority. Mrs McDonald told the court that a survey at this time showed a ‘clear and substantial’ impact on all living things in the Orton Brook and River Nene for at least 14.7km.

The pollution had an impact along 46km of the brook and river. Peterborough and District Angling Association had to cancel fishing matches and members also cancelled because of the pollution, costing the club £928. Two cockle fishermen claimed they lost more than £10,000. The total cost to the members of the Greater Wash Fishing Industries Group was estimated to be £216,772 as a result of the pollution.

Mrs McDonald told magistrates that the pollution could have been prevented if the chemicals had been stored securely. “Bulk containers containing the chemicals were stored in external bunkers near to the road. There was no bunding and no secondary containment in case of spills,” she said. “There was an open drain in the storage area and another just outside.” She told the court that Safapac’s high level risk assessment had failed to identify vandalism as a risk but on the morning of the pollution staff had arrived at work to find taps on the storage containers had been opened and a ladder had been used to get in. Police records showed that the company had made five reports of criminal or anti-social behaviour directed at the company or in the immediate area since 2010 involving youths causing damage to or trespassing on Safapac’s property or metal theft.

A Safapac manager told investigating environment officers that staff had closed an emergency valve within 15 minutes of discovering shattered valve caps and police and the Environment Agency notified. He said CCTV at the site was not recording at the time and the ladder used to get in had been stored on top of a container at the site. Chemicals are now stored in locked shipping containers.

After the hearing Environment Agency officer Adam Shamma said: “This case should serve as a reminder to companies who handle chemicals to ensure their storage arrangements are adequate. Safapac would have prevented this incident if their chemicals had been stored in a secure, bunded area. “Advice and guidance on pollution prevention is available on the Environment Agency’s website.”