Wellington farmer given suspended prison sentence and £10k fine following slurry offences

David Bartlett of Upcott Dairy Farm in Sampford Arundel has been given 14 weeks in prison, suspended for a year, and ordered to pay £10,000 in costs after he persistently allowed slurry to run off into a stream near his farm. 

The 70-year-old farmer had previously pleaded guilty to three offences relating to pollution of the Westford Stream, a tributary of the River Tone. He was also ordered to pay a £154 victim surcharge. 

In a case brought by the Environment Agency, the court heard that the farm had a long history of failing to properly contain slurry and had been warned several times in the past for causing pollution of the Westford Stream. 

Regular pollution events 

In October 2022, officers installed remote monitoring equipment on the stream, which confirmed regular pollution events were continuing to occur. 

Using the data from the remote monitoring, officers went to the monitoring site in December 2022, where they found significant amounts of sewage fungus contaminating the bed of the watercourse, an indication of persistent pollution. 

Continuing upstream towards Upcott Dairy Farm, colonies of bloodworm were evident, EA confirmed. 

These are a species of pollution-tolerant organism associated with poor water quality. No invertebrate life forms were noted when stones in the stream bed were turned over, further indicating the poor quality of the water. 

Near the farm, one of the officers saw a nearby ditch that had suddenly started to discharge a significant amount of effluent with the appearance and smell of slurry.  

The source was quickly traced to an overflowing underground slurry tank on Upcott Dairy Farm. 

READ MORE: Welsh farm fined after 70k gallons of slurry was released into Ceredigion stream

Significant contamination 

Officers also investigated the system used for applying slurry to fields. The EA added that typically, farmers would use slurry to provide nutrients to their crops or grass. Bartlett was using a simple pipe to dispose of slurry in a single location.  

Although not discharging slurry at the time of the pollution event inspection, it was clear there was significant contamination of slurry around the end of the pipe and evidence that slurry had tracked down the field towards the Westford stream. 

A subsequent visit found slurry being pumped onto waterlogged land with no attempt to use the slurry for crop benefit. The slurry was several inches thick in the field, indicating it had been pumped over a prolonged duration in the same location. 

Towards the bottom of the field, there was a significant build-up of mud and slurry on either side of the gateway crossing the stream. This too presented a risk of further runoff pollution into the stream, the EA said. 

Numerous pollution incidents 

The agency added that Mr Bartlett had failed, despite repeated warnings, to install slurry storage facilities that would allow slurry to be stored during the winter when ground conditions were unsuitable. 

David Womack of the Environment Agency said: “This farmer has, over the years, caused numerous pollution incidents, and he has repeatedly failed to acknowledge the advice given or to improve the facilities for storing or properly using slurry. 

“For over 30 years, there has been legislation in place requiring all livestock farmers to have storage facilities capable of storing a minimum of four months’ slurry production.  

“The 2018 Reduction and prevention of Agricultural Diffuse Pollution Regulations now also require farmers to plan all applications of slurry in order to reduce the risk of pollution. Pumping slurry on to waterlogged land is unlawful and is likely to cause diffuse pollution. 

“We hope Mr Bartlett will now work with us to voluntarily improve the facilities at Upcott Dairy Farm. If he doesn’t, we won’t hesitate to use other legislative powers to reduce the risk of further pollution.” 

Read more rural news.