In a prosecution brought by the Environment Agency, Lincolnshire firm OMEX Agriculture Ltd – which leaked liquid fertiliser into the River Witham, wiping out more than 135,000 fish – has been ordered to pay a total of £510,190.
The pollution – which stretched 46km to The Wash at Boston – is thought to be one of ‘the largest environmental incidents ever recorded in Lincolnshire’.
Failure of an overground pipe caused the spill, which devastated nearby rivers and surrounding woodland. Impact from the pollution destroyed all invertebrates in the river’s tributaries for more than 23km downstream of the site.
Immediately after the pollution, the Environment Agency and partners worked ‘tirelessly’ to mitigate the impacts. They restocked the river with more than 1.5 million fish larvae and 70,000 roach and bream.
And they continue to work closely with East Lindsey District Council and the Forestry Commission to remedy affected woodland.
Whilst the water quality of the River Witham improved within a few days, it could take years for the fisheries to recover, the court heard.
OMEX Agriculture Ltd pleaded guilty on 12 June 2023 to the major category 1 pollution incident at their facility at Bardney Airfield, Tupholme, near Bardney, at Lincolnshire Magistrates. Category 1 is the most severe of three Environment Agency ratings used to grade pollution incidents.
They were ordered to pay a fine of £160,000, ordered to pay costs of £350,000 and a victim surcharge of £190.
District Judge Veits said that the incident ‘was avoidable had proper checks been made’. He added that ‘checks were not clear or well documented’ and that the failures involved were ‘foreseeable’.
He also said there was: ‘clear negligence in not having appropriate checks in place’.
Leigh Edlin, Environment Agency area director for Lincolnshire and Northamptonshire, said:
“The pollution of the River Witham by OMEX was a devastating event and one of the largest environmental incidents we have seen in Lincolnshire.
“The Environment Agency has worked tirelessly to undo the damage, introducing thousands of fish, and requiring the polluter, OMEX, to repair the damage that was done.
“Today marks the end of the legal process and we are rightly pleased with the result in the court. This is one part of a much larger effort, led by the Environment Agency, to ensure the River Witham is restored and that the polluter pays financially and legally.”
