On 8 November 2005, Hollingsworth and Vose Company Limited, a paper manufacturer at Winchcombe, Gloucestershire pleaded guilty at Gloucester Magistrates to one charge of breach of discharge consent.

The charges were brought by the Environment Agency under Section 85 (6) of the Water Resources Act 1991. The company was fined £10,000 and ordered to pay costs of £13,621.31.

Speaking after the case, Deborah Jones said: ‘The incident resulted in a major pollution, which involved the deployment of a significant number of staff to deal with its impact and investigation. The illegal discharge of the fungicide resulted in fish mortality and affected the water quality of the River Isbourne.

‘Hollingsworth and Vose failed to ensure it knew the exact toxicity of the fungicide and the impact it would have if it escaped to the environment. Yesterday’s result will hopefully act as a warning to those dealing with substances which could impact on the environment. They must ensure they have all the correct information and check everything, and check again. If in doubt, they should contact us on 08708 506 506 for impartial advice and guidance.’

For the Environment Agency, Nicholas Cole told the court that the case arose after the Environment Agency investigated a report of fish deaths on the River Isbourne on 20 August 2003.

The company’s mill is allowed to discharge treated process water from its site under a discharge consent issued by the Environment Agency. This requires that the discharge to the River Isbourne must not contain polluting matter.

Investigations indicated that the company had been conducting trials with a fungicide to prevent mould growth on a paper product.

The information provided with the fungicide by its supplier contained misleading data regarding its toxicity. This meant that the company’s calculations of the safe level of likely discharge were incorrect.

Samples of the company’s discharge on the date of the incident indicated the levels of the fungicide were well over these ‘safe’ levels. Levels of fungicide in samples taken from the River Isbourne downstream of the company’s discharge were well over recommended levels.

Many dead fish were found near the mill’s point of discharge. The pollution killed at least 312 fish, including 62 brown trout and 250 bullheads. It affected water quality for approximately 2Km.

Over 30 licensed water abstractors on the River Isbourne and the River Avon had to be notified and informed to stop abstractions. The river has since been restocked with fish.

Having heard evidence about the risk assessment undertaken by the company before conducting the trials, the court described the defendant company as ’careless’.

In mitigation, Counsel Peter Blair stated that the company has a world-wide reputation and had not intended to discharge the fungicide into the river. He also stated that the company had no financial motive.