19/10/2005 - On the 13 October 2005 Sundorne Products (Llanidloes) Ltd was sentenced at Welshpool Magistrates after it pleaded guilty to three charges relating to causing polluting matter, in this instance contaminated construction water to enter the Nant-y-Bradnant and a tributary of the Afon Dulas.

The charges were brought by the Environment Agency under Section 85 of the Water Resources Act 1991. The company was fined £33,1000 and ordered to pay £18,090.35 costs.

Speaking after the case, Sam Morgan, an Environment Agency officer involved in the investigation, said: ‘It is regrettable this incident happened in the first place. Contaminated water can have a serious impact on the environment, affecting plant life and fish habitats. The watercourses in this area are valuable habitats and water quality must be maintained at all times.

‘Sundorne’s negligence seriously compromised this quality and we had no choice but to take legal action. It is worth pointing out that the offences sentenced today were committed when Sundorne Products was under the ownership of Evans Logistics.

‘Our hope is that the new owners of Sundorne Products who took the company over after these offences had been committed and have no responsibility for them will be able to enter into a more constructive relationship with the Agency than the previous owners.’

Counsel for the Environment Agency, Martin Diggins, told the court that on 5 January 2004, the Environment Agency received a call from a member of the public. He complained that a watercourse running through his garden was contaminated with grey material.

An Environment Agency officer attended the site and the Bryn Posteg landfill and confirmed that the contaminated water was coming from the Bryn Posteg site. It was being caused by construction works taking place at the time.

The Environment Agency received a further four complaints on 7, 8 and 31 January 2004 from three other local residents.

The company’s Waste Management Licence for the Bryn Posteg site did not permit any discharges of the type seen between the 6 January 2004 to 5 February 2004..

The Environment Agency had previously corresponded with the company highlighting concerns about the possibility of contaminated water leaving the site. No action was taken by the company.

In passing sentence, the Bench remarked that the fine would have been higher, £15,000 for each charge, if it were not for the company’s guilty plea.

In mitigation, Mr Driver told the Court that the problems were caused by an unusually prolonged period of rainfall.