Farmer blames weather app after rain washes slurry down road

Somerset farmer Ben Hembrow applied slurry to fields growing winter wheat and claimed that heavy rain, which he said had not been forecast, led to slurry running into surrounding ditches and road drains near his Stoke St Gregory farm.

This resulted in fines and costs to Hembrow and the farm totalling over £20,000.

Appearing before District Judge Brereton at Yeovil Magistrates Court on Wednesday 16 October 2024, Hembrow, 36, of Huntham Farm, Stoke St Gregory, Somerset admitted two charges relating to causing slurry pollution. The company, Huntham Farm Ltd, also admitted one charge of causing a polluting discharge.

Slurry put on fields ahead of rain

In a case brought by the Environment Agency, the court heard that an officer went to the farm on a wet Sunday in February 2022, following a report of slurry running down a road and into a surface water drain close to the farm in Stoke St Gregory.

The officer found fields saturated in slurry and observed slurry entering nearby watercourses and ditches. While investigating, Hembrow arrived on scene, visibly shaken. He attempted to reduce the impact by blocking a ditch and used sub soiling equipment to help break up the surface of the soil and prevent further run-off. Despite his actions the investigation later showed that over 1.5km of watercourse, as far as the confluence with the Sedgemoor Old Rhyne Site of Special Scientific Interest, had been impacted.

Weather app blamed for forecasting ‘just 1mm of rain’

During interview Hembrow claimed that the weather app he used had predicted only 1mm of rain the day after the slurry was applied. The agency’s investigation established that heavy rain had been forecast to fall on the Sunday throughout the week by numerous weather forecasters including the BBC and the app used by Hembrow. No checks on the physical condition of the soil had been made, no soil test pits to assess soil structure had been dug.

Hembrow claimed he was not in breach of regulations to prevent pollution due to measures he had taken before spreading and specifically stated that, given the weather forecast he had consulted, he did not believe the application of slurry gave rise to a risk of pollution.

A fine to reflect the slip in standards

Summing up, District Judge Brereton acknowledged Hembrow to be a hard-working farmer committed to modern technology and farming practices. However, she also concluded that the fine imposed should reflect that the standards of farming had fallen well below what is expected. She also referenced aggravating features, specifically that Hembrow had previously been prosecuted for offences in 2016 and 2021.

Hembrow, as an individual, was fined £525 for failing to plan the slurry applications. Huntham Farm Ltd was fined £8,000 for causing pollution and ordered to pay the agency’s full costs of £11,564.25.

‘Anything spread on the soil was likely to run off’

David Womack, senior environment officer for the Environment Agency, said:

This pollution event was avoidable but occurred because Mr Hembrow failed to carry out the most basic checks to assess if the land he was spreading slurry on was suitable.

Previous land management had led to the fields being compacted – anything spread on the soil was therefore likely to run off, even in moderate rainfall conditions. He wrongly assumed risk assessments for slurry application would be done by his agronomist – but it was his responsibility to do this just prior to the slurry being applied.

Additional weather checks would also have alerted Mr Hembrow that wet weather was very likely to occur immediately after he chose to apply slurry. Since 2018 there have been specific laws to ensure organic manure applications are planned and that they take into account weather forecasts and soil conditions.

Background

The charges:

Ben Hembrow: 

• On and before the 13 February 2022 you, Ben Hembrow, did cause an unpermitted water discharge activity, namely the discharge of poisonous, noxious or polluting matter from Huntham Farm, Stoke St Gregory, Somerset into inland fresh waters. Contrary to Regulations 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016. 
• On and before the 13 February 2022 you, Ben Hembrow, did fail to plan the application of organic matter, namely slurry, to agricultural land at Huntham Farm, Stoke St Gregory, Somerset so as to give rise to a significant risk of agricultural diffuse pollution. Contrary to Regulations 4(1)&4(2) and Regulation 11 of the  Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018. 

The company: 

• On and before the 13 February 2022 you, Huntham Farm Ltd, did cause an unpermitted water discharge activity, namely the discharge of poisonous, noxious or polluting matter from Huntham Farm, Stoke St Gregory, Somerset into inland fresh waters. Contrary to Regulations 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.