Farmer fined after digestate spill kills more than 1,600 fish

A Cornish farmer has been fined after a digestate spill killed more than 1,600 fish and caused lasting damage to a protected river.

Truro Magistrates Court heard that fish populations in the River Ottery had still not recovered two years after the pollution incident at a farm near Warbstow in May 2022.

Protected Atlantic salmon and brown trout were among the species killed after around 2,300 gallons of digestate escaped from a storage tank on the farm operated by Norman Osborne, 57, of Tobarn, Jacobstow.

Osborne pleaded guilty to causing a water discharge activity and was fined £215. He was also ordered to pay Environment Agency costs of £3,550, bringing the total financial penalty to £3,765.

Environment Agency officers were called to the River Ottery on 22 May 2022 following reports of large numbers of dead fish.

Investigators found the digestate had escaped while Osborne was transferring the material from a tank into a tanker for spreading on farmland.

The spill flowed down the road before pouring into the nearby river.

The court heard the situation worsened after Osborne washed the digestate into the watercourse rather than attempting to contain it.

Regulators also said the incident was not immediately reported, delaying efforts to reduce the environmental damage.

Digestate, commonly used as fertiliser, is highly polluting when released into rivers because of its elevated ammonia and nitrogen content.

The spill affected around 3.5km of river.

A total of 471 dead fish were recovered, although investigators estimated the true number killed was closer to 1,610.

Species affected included Atlantic salmon, brown trout and bullheads.

Investigators also found sludge deposits and microplastics in the river following the incident.

The court heard fish populations had still not returned to historic levels two years later, highlighting the long-term impact of the pollution.

An Environment Agency spokesperson described the environmental damage as significant and long-lasting.

“This pollution led to a major fish kill and lasting damage to the watercourse,” the spokesperson said.

They added that Osborne’s failure to quickly report the spill had “exacerbated the significant impact” of the incident.

The Environment Agency warned farmers to handle digestate with extreme care because of its highly polluting nature.

“If a pollution does occur, farmers must contact us as soon as possible so we can provide them with guidance on mitigation or containment and take action to prevent further harm to the environment,” the spokesperson said.

The agency said the case highlighted the long-term environmental damage agricultural pollution incidents can cause to rivers, wildlife and protected fish populations.