Brecon Magistrates' Court has ordered Welsh landfill operator Sundorne Products to pay £83,000 in fines and costs for allowing effluent to enter a tributary of the River Severn.
It was convicted of four charges; two relating to offences of polluting a stream; one by surface water and one by ground water. The other charges related to breaching permitted levels of ammoniacal nitrogen emissions and failing to report these emisisons.
The prosecution, which was brought by the Environment Agency, relates to the Bryn Posteg landfill site, which is owned and operated by Sundorne. The site is operated under the terms of a Pollution Prevention and Control Permit (PPC), which is designed to protect local environment including the Nant Y Bradnant stream.
Under the PPC permit, Sundorne is limited as to how much ammonia and other substances can be discharged into the stream.
At the trial, the court heard how water samples were taken on 25 January 2008 from the site and the stream which showed higher than permitted ammonia levels.
Subsequent investigations on 29 January 2008 showed pollution was continuing to occur – though at a slightly lower level. However, on this visit, Environment Agency officers noted evidence of system failures onsite.
The first signs of pollution were noted by officers in the form of extensive growth of sewage fungus. The Agency told the court that the first 300 metres of the stream from the landfill area had an “extensive thick covering” across the bed and banks.
Pollution was found to cover the entire length of the Nant Y Bradnant up to the confluence with the River Severn – covering a distance of three kilometres.
Breach
The company was found to be in breach of its permit conditions relating to emissions limits, allowing polluting substances to enter surface and groundwater to enter surface and groundwater. Sundorne also failed to notify the Agency without delay of a significant pollution incident.
At the trial, the court heard how the discharges – though polluting – had not been either poisonous or noxious and that there had been no risk to human health. The Agency added that the River Severn had not been polluted and the pollution of Nant Y Bradnant had been “for a matter of weeks only”.
Sundorne was unavailable for comment at the time of publication.
Commenting on the case, Tony Leaky, Environment Agency site officer, said “We've recently given approval to the company for the installation of a reed bed system at the landfill to treat surface water. This investment by Sundorne will help to minimise the risk of further events such as those leading to this prosecution.”
Charges were brought by the Environment Agency under Section 85(1) of the Water Resources Act 1991 and Regulation 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2007.
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