Richard Jonty Mason, 52, of Higher Highfield Farm at Slaidburn in Clitheroe, attending on behalf of himself and as director of RJ Mason Ltd of Dalton Square in Lancaster, appeared at Blackburn magistrates’ court on Monday 20 January.
Both he and the company pleaded guilty to one charge under Farming Rules for Water legislation of failing to ensure that slurry-spreading to agricultural land at Higher Highfield Farm was planned so that it did not cause a risk of pollution.
The company was ordered to pay a total of £6,575 – a fine of £1,125, costs of £5,000 and a victim surcharge of £450. Richard Mason was fined £137, ordered to pay costs of £1,000 and a victim surcharge of £55 – paying a total of £1,192.
Jackie Monk, investigating officer from the Environment Agency, said:
This acts as a reminder for landowners and farmers to ensure they follow the correct procedures for spreading safely.
Spreading slurry to land is common practice, but steps must be taken to protect the environment. We will take action against anyone who breaches the regulations and puts the environment at risk.
The court heard that RJ Mason Ltd farms Higher Highfield Farm for dairy, in the heart of the Forest of Bowland. A couple of unnamed streams cross the farm, both tributaries of the River Hodder.
Slurry spreading regulations breached
Between 15 and 18 October 2021, the company emptied its slurry tank and spread slurry to 8 fields.
Slurry-spreading is common practice but care must be taken not to apply it in excess, or it can cause agricultural diffuse pollution – where nutrients wash off the land and into the water – and have a detrimental impact on the environment.
It’s a legal requirement to plan applications of slurry so that spreading does not cause a significant risk of pollution.
To calculate the total amount of nutrients that can safely be applied to crop, soil samples must be taken from each field, a crucial step to understand how much additional nutrients can be safely applied to the soil. Only 3 of the 8 fields had soil tests before the spreading.
An analysis of the company’s slurry spreading plans by the Environment Agency revealed that during 2021, several fields received multiple applications of slurry.
One field, for example, received 6 applications of slurry between 2 January and 15 October 2021. The total nitrogen applied to this field in 2021 was 505 kg/hectare, which is more than double the limit set by the Code of Good Agricultural Practice for total nitrogen from organic manure applications, which is 250 kg/ha in any 12 month period.
Other fields received more than 400 kg/ha total nitrogen from organic manure in 2021. Over-application gives rise to a risk of agricultural diffuse pollution.
The Environment Agency concluded the spreading activity at the farm appeared to be the company wanting to dispose of the contents of the slurry storage tank.
The court found the actions of the company and Mason, as director, were reckless, with the failure to obtain soil samples for 5 out of 8 of the fields leading to a risk of pollution.
Both were of previous good character and there was evidence they had taken steps to remedy the problem.
Background
Full charges:
R J Mason Limited
Between 14 October 2021 and 19 October 2021, RJ Mason Limited failed to ensure that each application of organic manure to agricultural land at Higher Highfield Farm was planned so that it did not give rise to a significant risk of agricultural diffuse pollution…
…contrary to regulation 4 and 11(1) of the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.
Richard Mason
Between 14 October 2021 and 19 October 2021, Richard Jonty Mason, at the relevant time being a director of RJ Mason Limited (“the company”) is liable for the offence by the company set out below as that offence was committed with his consent or connivance or was attributable to any neglect by him contrary to regulation 11(3) of the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018. The offence by the company being that on days between 14 October 2021 and 19 October 2021, it failed to ensure that each application of organic manure to agricultural land at Higher Highfield Farm was planned so that it did not give rise to a significant risk of agricultural diffuse pollution…
…contrary to regulation 4 and 11(1) of the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.
