When slurry from a farm accidentally entered a nearby river, causing water pollution and distress to aquatic life and residents of a nearby village, the Environment Agency decided to intervene. This case study outlines how Rural Protect and rradar provided crucial support to the insured farm during this challenging period.
Business Type: Organic cattle and poultry farm
Section of Cover: Company Legal Liability
Applicable Cover: Investigations costs and pollution claims clean-up costs
Circumstance: A family-run farm is investigated by the Environment Agency after their slurry pollutes a local river.
Legal fees value: £30,000
The scenario:
The insured farm had two slurry pits, referred to as ‘lagoons,’ which were connected by a pipe. Slurry was typically transferred between the lagoons via this pipe, a process that usually took 30 minutes. However, during one transfer, the slurry was left running for approximately an hour, causing an overspill in one lagoon.
Upon becoming aware of the issue, the client immediately stopped the transfer and dispatched two tankers to withdraw slurry from the overspilling lagoon. Additionally, a digger was used to create two emergency trenches, diverting the slurry flow into a field and away from a nearby river. Slurry levels were quickly stabilised in both lagoons.
The client conducted two visual checks of the river at intervals a few hours apart and observed no immediate signs of pollutants. Believing the issue to be contained, the client did not report the incident to the relevant authorities.
Later that evening, the Environment Agency contacted the client, reporting that residents of a village approximately 1 km downstream had noticed the river was ‘frothing,’ emitting a pungent smell, and showing signs of water discolouration.
What happened?
The Environment Agency investigated the site the next day and identified a direct pathway of slurry from the farm into the river. Several fish were allegedly killed by the resulting pollution.
The Environment Agency confirmed to the farm of its ‘intention to invoice’ and recover costs for their investigation. They requested the client attend an interview under caution, which can be a step before prosecution.
The client contacted Rural Protect’s Legal partner rradar who provided:
- Essential next step advice immediately over the phone.
- Confirmation that rradar’s legal representative would visit the farm to provide further support.
- The enlisting of a barrister should the farm be criminally prosecuted. This can ensure continuity of support should the matter reach the courts.
- rradar’s legal team helped the client respond to all the correspondence from the Environment Agency and were able to persuade the agency to accept a statement under caution instead of the client attending an interview under caution, which rradar’s legal team helped prepare and submit.
The outcome:
A final decision on whether the farm will be criminally prosecuted is awaited.
Since the incident the client has:
- Carried out a new slurry risk assessment.
- Introduced new slurry management measures. This includes installing a 600mm bund around one lagoon as an extra protection against overspills.
- Introduced a timer system to alert when slurry transfer has been going for the usual 30 minutes.
- Filled a ditch that sits between the farm and the river with hay to filter out contaminants from run-off.
- Applied for planning permission to put a concrete extension to the new bund around a lagoon to provide further protection.
- Introduced a natural reed bed between the yard and ditch that leads to the river.
Things to consider:
The pollution was in violation of environment regulations and possible sanctions include:
- A prohibition notice, which would have required the farm to stop operations that were likely to cause pollution.
- A restoration notice, which would have required the farm to put right any harm it caused.
- A financial penalty
- Criminal prosecution
The client paid the Environment Agency invoice at a cost of £6,600 which was reimbursed through Rural Protect’s policy cover. Also, rradar’s legal advice and support for correspondence to and from the Environment Agency is included under this policy.
*https://www.hbunderwriting.co.uk/rural-protect/pollution-incident-at-farm/