Company in court over environmental disaster

Group discharged fertiliser into Perthshire burn

A long-running court case in which a company - and its operations manager - have been accused of causing an environmental disaster near Perth could be resolved without the need for a lengthy trial.

They are said to have caused “significant environmental harm” by discharging fertiliser into a Perthshire burn near Bankfoot more than two years ago.

As a result, in addition to allegedly killing an unspecified number of fish and invertebrates, it is claimed that Scottish Water had to shut off the drinking supply to approximately 52,000 people more than the entire population of Perth.

Thirty-seven-year-old Andrew Bailie, of Homeview, Hindford Bridge, Lanark, and Digestate Management Services Ltd, c/o Alan Ritchie, Hope Street, Lanark, denied three charges at a January hearing at Perth Sheriff Court.

Since then the case has been continued on several occasions to enable discussions to take place between the prosecution and defence.

But the court was told earlier this week that there “was an indication” that a plea had been agreed to resolve the matter.

The trial could have potentially involved 40 prosecution witnesses giving evidence.

It is alleged that between September 21 and 23, 2017, at Little Tulliebelton Farm, Bankfoot, during a spreading process, the two accused discharged anaerobic digestate fertiliser into the Ordie Burn and an unnamed tributary of the Wynnie Burn.

The charge claims they killed “a quantity of fish and invertebrates” and caused Scottish Water to close off the drinking water supply to a local population of approximately 52,000.

A second charge alleges that they both contravened rules which state that no fertiliser should be stored on land within 10 metres of any surface water or wetland.

They also faced a third charge of contravening environmental and other regulations by carrying out an activity “liable to cause pollution to the water environment.”

It is claimed that they discharged anaerobic digestate to the Ordie Burn and the unnamed tributary on three occasions between the same dates, again resulting in the death of fish and invertebrates.

Anaerobic digestate is described as a biofertiliser, providing crops with readily available nitrogen.

It was said to be “an excellent alternative to bagged fertilisers” and using it was said to “improve the sustainability of farming by reducing emissions of greenhouse gases associated with fertiliser manufacture.”

The case will be recalled later today (Friday, August 17).