Milnathort man admits causing silt pollution at reservoir near Crieff

Nov 6 2009 by Les Stewart, Perthshire Advertiser Friday

HUNDREDS of tonnes of silt were swept downstream into two important spawning rivers in Perthshire after an earthen dam was breached at a former reservoir near Crieff.

The pollution was described as “one of the worst incidents” Scottish Environment Protection Agency officers in Perth have had to deal with, Perth Sheriff Court was told this week.

Depute fiscal Janine Bates said that “substantial damage” was caused to eggs recently spawned by salmon, brown trout and sea trout in both the Tullybannocher Burn and the River Earn.

It would also have adverse effects on other aquatic life over a 15-kilometre stretch of the watercourses.

Fifty-year-old Richard Philp, of Queich Court, Milnathort, admitted failing to get a licence from SEPA to carry out work at the Whitehouse of Dunira Estate on March 17 and 18 last year.

Ms Bates said that the accused was a consultant contracted to carry out work at the small loch to establish a fishery.

Approximately 1,000 tonnes of silt had to removed from behind the dam and Michael Scott, of MS Contracts, was subcontracted to carry out the work.

The reservoir had been drained but the burn continued to flow through the middle of it, where heavy machinery was being operated.

“The water running into the site was clear and unpolluted. The water leaving it was extremely polluted with suspended solids,” added the prosecution.

Samples taken by SEPA officials downstream of the excavation work contained 237 times as many suspended solids as those above the site.

“This is one of the highest results in terms of suspended solids any of the officers involved had seen,” she added.

The suspended solids were detected just upstream of Crieff, a distance of more than 15 kilometres.

There was no licence in place to carry out the work and he seemed “unaware” of that requirement.

Ms Bates added: “Mr Philp should have ensured appropriate pollution prevention measures were put in place. I appears no such measures were even considered before the works began.”

Solicitor John Bain said it had been the accused’s one and only contract as a consultant. Previously he was a manager of a fishing loch but was now a self-employed plumber.

He should have satisfied himself that the job, carried out by the sub-contractor, was being done within the regulations.

“He did not think for a moment that Mr Scott was going to put his JCB through the wall of the dam.

“But unfortunately that’s what it would appear has happened.

“He did not have a plan in place and did not tell Mr Scott he should not touch the dam.”

The court was told that Philp was liable to maximum fine of £40,000 or six months' imprisonment.

Sheriff Lindsay Foulis agreed, in light of the accused's limited financial means, to call for background reports . Philp will be sentenced on December 2.