A Northumberland mining company has been fined after they let polluted water run into a nearby burn, making it too "dirty" for anglers to fish.
The local community at Halton Lea Gate, near Haltwhistle, fought for more than a decade to prevent land at Halton Lea Farm becoming an opencast mine. However, HM Project Developments Ltd eventually had their application approved in 2012 for the site to become Halton Lea Surface Mine.
The company, which has since gone into administration, began operations at the site but, in October 2018, it was noted that water in nearby Hartley Burn was discoloured and had been polluted. A court heard that the pollution had come from dirty water, which had been discharged from the mine and into the burn, and had affected a 10km - 12km stretch of the water course.
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Prosecutors said that the water hadn't been properly cleaned and had been discharged at a point that was not listed on a permit. Although no lasting damage was caused to fish and wildlife in the burn, anglers and a group of children had to cancel their plans over a three-day period as the water was "too dirty" to fish. Black sludge was also later found on the burn's bed.
The Environment Agency launched and investigation and HM Project Developments Ltd later pleaded guilty to one count of contravening the requirements of an environmental permit and three of failing to comply with or contravene the environmental permitting notice. One of the company's directors, John Hornsby, 60, of Ben Nevis Drive, in Little Sutton, Cheshire, admitted two counts of contravening the requirements of an environmental permit.
Lee Fish, prosecuting at Newcastle Crown Court, said HM Project Developments Ltd had obtained an environmental permit, which allowed them to discharge cleaned water into Hartley Burn at two entry points only. However, over a three day period between October 14 and 16, 2018 and following heavy rainfall from Storm Callum, polluted water entered the burn from an unauthorised location.
Mr Fish said the original permit required some lagoons to be built on site, which would clean the water before it was discharged into the burn. However, the heavy rainfall meant that dirty water was drained away into shallow ditches and washed into Hartley Burn.
Mr Fish continued: "In October 2018, individuals were fishing in the area of Hartley Burn, in Haltwhistle, when it was noticed that the water was discoloured. This water runs from the mine. It was reported to the Environment Agency and it was confirmed that it was highly contaminated water that had entered Hartley Burn from the mine. This is known as water discharge activity, which requires authorisation and to be properly monitored and managed."
The court heard that Harltey Burn was popular with anglers and was a spawning ground for Atlantic Salmon and Sea Trout, although no lasting damage was thought to have been caused to any fish or wildlife. Since the subsequent investigation by the Environment Agency, Hornsby resigned as a director of the company and the company also went into administration.
Mr Fish said that Hornsby must have known what was occurring at the site and that it was not operating in a way that had been authorised by the permit. Mr Fish added: "He visited the site and he should have known that there was a serious problem with pollution at the site."
Ellen Wright, defending Hornsby, said his actions fell into the category of "negligence" in that he'd placed "undue trust" into the site manager. Ms Wright told the court: "The site manager was appropriately qualified and incredibly experienced and had spent most of his working life in the mining industry and had been in charge of the running of the site on a day-to-day basis.
"Mr Hornsby was not a miner, either by experience or academic qualification. This is not a case where he knew he ought to be better and decided not to do so. Mr Hornsby accepts he fell short in failing to check what was being done by someone on site who was considered more qualified."
Fiona Lamb, defending HM Project and Developments, said the offences were a case of "negligence" by the company. She said it was a case of "omission rather than commission" and the pollution would not have happened had it not been for the adverse weather conditions associated with Storm Callum.
HM Project Developments Ltd was fined £1,200 and must pay £1,000 costs, while Hornsby was fined £360 and must also pay £1,000. Sentencing them, Judge Edward Bindloss said: "Water was discharged otherwise than in accordance with a permit into Hartley Burn from Halton Lea Surface Mine that was operated by the defendant company and, of whom, John Hornsby was a director.
"There was a permit issued by the Environment Agency to allow water to be discharged from this mine as long as it was clean water and only at two points. The water was contaminated, heavily, and discharged at the wrong entry point and it went into Hartley Burn. Both the company and John Hornsby failed to ensure the site operated with minimum risk of pollution in accordance with the permit."
