Day: May 14, 2018

Mr Bruce had pleaded guilty to these offences on an earlier occasion, and was referred to Worcester Crown Court for sentencing.

Mr Bruce received an immediate custodial sentence of 26 months. No order for costs was made at this stage, pending the outcome of confiscation proceedings under the Proceeds of Crime Act 2002, which will be resolved in due course.

The charges were brought by the Environment Agency under Regulations 38(1)(a) and 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010; Section 33(1)(c) of the Environmental Protection Act 1990; Section 161D (1) of the Water Resources Act 1991; and Regulation 10 of the Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (England) Regulations 2010.

Mr Bruce ran a waste disposal operation centred on a site at Ridgeway Park Farm, Throckmorton Airfield, near Pershore, for 3 and a half years, between 2011 and 2014 without any permit. He brought waste onto the site and either dumped it, buried it or burned it.

Responding to complaints from local residents, Environment Agency officers met with Mr Bruce on a number of occasions, conducting site inspections and enforcing environmental regulations. Warnings were issued following evidence that burning had been taking place on the site.

Throughout March and April 2013, Mr Bruce treated and disposed of waste by burning large quantities of it at Ridgeway Park Farm. For several weeks fires were continually burning at the site causing misery for local residents, endangering health and polluting the air in the area. There was a major impact on the quality of life for local residents, as Mr Bruce burnt a large amount of plastic waste, causing plumes of putrid black smoke across the nearby village.

In April 2013, a fire at the site was attended by Hereford & Worcester Fire and Rescue Service and the Environment Agency, yet Mr Bruce repeatedly ignored the interventions of the Environment Agency and the Fire Service.

The waste on site consisted mainly of construction and demolition waste, some of which included aluminium waste products, which is classified as a hazardous waste. In total, approximately 26,000 cubic metres of waste was brought onto the site by Mr Bruce during the offending period.

Mr Bruce kept his herd of cattle on site grazing amongst the waste and in conditions where polluting effluent was not contained. Environment Agency officers also noticed that waste gypsum powder was being used as animal bedding and advised Bruce that this practice was unlawful. They also noted that the cattle bedding also contained mixed waste, electric cables, drink cans and plumbing parts.

Brown liquid was seen seeping from storage areas, pooling and flowing in the direction of a small watercourse, approximately 100m away. Officers reported evidence of hazardous waste buried and the potential for discharge substances to enter the groundwater and the Piddle Brook.

In sentencing, the Judge commented that this was serious environmental offending and that there was a clear need for a deterrent sentence. Mr Bruce was given some credit by way of a discount on his sentence as he had pleaded guilty and avoided the need for a trial.

Speaking after the case, an Environment Agency officer in charge of the investigation said:

Waste crime is a serious offence with tough penalties. It can damage the environment, blight local communities and undermine those who operate legally.

Mr Bruce has shown a blatant disregard for the environment and local community, subjecting local residents to months of misery by bringing on large quantities of waste and burning it on the site.

Everyone who disposes of waste has a duty of care to ensure their waste is handled correctly. Whether you are a business, local authority or householder you must make sure you know where your waste goes so it doesn’t end up in the hands of illegal operators.

You can help disrupt and prevent waste crime activity by reporting. The Environment Agency urges people to report waste crime on their incident hotline 0800 80 70 60 or anonymously to Crimestoppers on 0800 555 111.

South West Water has been ordered to pay £71,800 in fines and costs for failing to correct faults at sewage treatments works in two of Devon’s most popular coastal towns. The prosecution was brought by the Environment Agency.

Problems at the company’s sewage treatment works in Salcombe and Dartmouth culminated in the sites breaching their environmental permits. Both sites suffer from saline (sea) water infiltration. However, the main issue was failure to manage and maintain processes and infrastructure at the two sites between 2015 and 2016.

Salcombe treatment works serves Salcombe and the nearby village of Malborough. Sewage pipes upstream of the works cross the estuary foreshore and are submerged at high tide. Some of these pipes have faults that allow saline water to enter the sewer network. The treatment process, that involves the use of bacteria to break down effluent, cannot treat excessively salty sewage.

Excessive salinity can damage or kill bacteria used to break down the effluent and prevents the biological treatment process from operating properly. It can prevent suspended solids from breaking down adequately and disrupt the final stage of ultraviolet disinfection before effluent is discharged into the Kingsbridge estuary.

In 2016 South West Water received a report from consultants that said it could not treat the volume of sewage produced in Salcombe to the required standard during the summer months because of the town’s increased summer population.

Between September 2014 and August 2016, Salcombe sewage treatment works breached its permit by repeatedly exceeding the maximum number of non-compliant samples it was allowed.

South West Water is permitted to discharge sewage effluent tainted with saline in an emergency. This normally occurs when saline has be diverted away from the normal treatment process, but the holding tank is full.

In September 2015, the Environment Agency expressed concerns at the frequency of discharges from the saline balancing tank, which holds effluent mixed with saline until it is ready to enter the treatment process. Between 3 February 2015 and 2 May 2015 there had been 36 discharges – one of which lasted 53 hours.

The court heard there were similar seawater ingress and equipment failure problems at Dartmouth sewage treatment works. In January 2015, a valve that keeps seawater out of the sewer was identified as in need of replacement, but wasn’t finally replaced until October 2015. The 8-month delay would have resulted in a worsening saline ingress problem.

Helen Todd of the Environment Agency said:

We use the environmental permitting regime to protect and enhance the environment for current and future generations.

South West Water’s repeated failure to comply with the conditions of its permit at Salcombe and Dartmouth meant that effluent which had not been fully treated was being released into the water environment.

We are working closely with the water company to improve permit compliance and reduce waste water pollution.

Appearing before Exeter Crown Court, South West Water was fined a total of £50,000 and ordered to pay £21,800 costs after pleading guilty at an earlier hearing to two offences under the Environmental Permitting Regulations 2010.

Notes to editor

• South West Water’s Salcombe Sewage Treatment Works contravened its environmental permit when it exceeded its maximum number of samples permitted to exceed the limit for suspended solids on 7 occasions between 7 August 2014 and 17 August 2016, contrary to Regulation 38(2) of the Environmental Permitting Regulations 2010.
• South West Water’s Dartmouth Sewage Treatment Works faced two counts of contravening its environmental permit, contrary to Regulation 38(2) of the Environmental Permitting Regulations 2010. The first charge related to discharges containing more than 60mg/l of suspended solids on 3 occasions between 26 January 2015 and 3 November 2015. The second charge related to discharges exceeding the limits for chemical oxygen demand on 3 occasions between 24 July 2015 and 3 November 2015.