Somerset farmer repeatedly allowed slurry to pollute nearby stream

A biologist's report stated there had been “a significant negative impact on the aquatic invertebrate community and water quality along 2.5km of Westford stream.” Credit: Environment Agency

A dairy farmer from Somerset has been sentenced after he persistently allowed slurry to run off into a stream near his farm.

David Bartlett, from Wellington, was handed a 14 week prison sentence suspended for a year and ordered to pay £10,000 in costs.

Bartlett, aged 70, of Upcott Dairy Farm, appeared at Taunton Magistrates' Court on Friday 19 July. He had previously plead guilty to three offences relating to pollution to the Westford stream.

He was also ordered to pay a £154 victim surcharge.

The court heard that the farm has a long history of failing to properly contain slurry and had been warned several times in the past for causing pollution of the stream.

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

In December 2022, significant amounts of sewage fungus was found on the bed of the stream, indicating persistent pollution.

Nearer to Upcott Dairy Farm, officers found evidence of bloodworm - a pollution-tolerant organism consistent with poor water quality.

Similarly, no invertebrate life forms were noted when stones in the stream bed were turned over, further highlighting the poor quality.

Near the farm, one of the officers saw a nearby ditch had suddenly started to discharge a significant amount of effluent which looked and smelled like slurry. The source was quickly traced to an overflowing underground slurry tank on Upcott Dairy Farm.

The court heard that the Environment Agency also investigated the system used by Bartlett to apply slurry to the field. Typically, farmers will use slurry to provide nutrients to their crops or grass but 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, the Environment Agency said it was clear there was significant contamination of slurry around the end of the pipe and evidence that slurry had tracked down the field toward the Westford stream.

Dye was used to highlight the waterlogged field and slurry flowing across the field toward the watercourse. Credit: Environment Agency

A later visit found that slurry was being pumped onto waterlogged land with no attempt to use the slurry for crop benefit.

It was several inches thick, showing that it has been pumped over a prolonged period in the same location.

Near the bottom of the field, there was significant build-up of mud and slurry either side of the gateway crossing the stream.

The court heard that this also presented a risk of further run-off pollution into the stream.

A biologist’s survey and report confirmed that the Westford stream had experienced "repeated, acute and sustained chronic pollution events by slurry".

Lack of slurry storage had led to slurry being pumped inappropriately on to a single patch of land where it was likely to run-off and cause pollution. Bartlett had failed, despite repeated warnings, to install storage facilities that would allow slurry to be stored during winter when ground conditions were unsuitable. The report stated there had been “a significant negative impact on the aquatic invertebrate community and water quality along 2.5km of Westford stream.” Bartlett submitted a statement to the Environment Agency in which he made limited admissions, implying others, such as his neighbour and the local authority were responsible. He denied deliberately pumping slurry into the watercourse.

Judge Brereton said there were significant aggravating features in the case, including Bartlett having previously been warned over causing pollution, his failure to carry out proper checks or make structural improvements by way of an adequate, compliant slurry storage system which would have been capable of storing slurry, having received funds from the Rural Payments Agency to pay for infrastructure that would improve the environment and not cause significant, sustained pollution incidents. 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”.