Press release: Fish kill costs Frome farmer Michael Aylesbury more than £22,000


A farmer was told to pay more than £22,000 for polluting a river in Frome, Somerset, killing nearly 2,000 fish.

Dairy farmer Michael Aylesbury, a director in Cross Keys Farm Ltd, pleaded guilty to causing an unpermitted water discharge which turned the river in Frome brown and smelly in May 2016, killing 1,700 fish, probably many more.

The pollution came from a slurry lagoon at Bollow Farm, Silver Lane, East Woodlands where it was overflowing into a ditch from an underground chamber that had not been fully sealed off. Making matters worse, a spillage from a slurry pumping operation days before also entered the same ditch, meant only to carry rainwater.

The reduced water quality and the river’s polluted appearance hit local groups, like anglers, kayakers and swimmers, who had to suspend activities. Residents were also upset by the sight of distressed and dying fish.

The Environment Agency was alerted to the incident on 12 May 2016 and attempted to save the fish population by spraying hydrogen peroxide to restore dissolved oxygen levels in the water. The pollution was traced back to Bollow Farm the next day.

Hydrogen peroxide being sprayed into the water at night from three sprayers on the riverbank
To save the fish, hydrogen peroxide was sprayed to restore the dissolved oxygen levels

Tasked with protecting water, land and biodiversity, the Environment Agency classified the incident as category one – the worst kind – which affected the watercourse for more than 6km and was obvious to the naked eye.
The defendant told investigating officers “he had nothing to hide and held his hands up to the pollution incident” and that he was sorry it had happened.

Bath Magistrates’ Court found Aylesbury to be negligent for not informing the Environment Agency about the initial spillage and fined him £3,000, a victim surcharge of £170 and ordered him to pay costs of £19,306.69 on 5 June 2017.

Environment officer Andy Grant said:

Our role as a regulator is to protect people and the environment and support sustainable growth. We work with business owners to create better places but when avoidable incidents like this happen, we take action.

Informing us of the initial spillage and keeping an eye on nearby watercourses are two simple actions the farmer could have taken which would have sped up our investigation and stopped the cause of the pollution sooner.

Last November we restocked 5,500 fish including chub, roach and bream at two locations in Frome and we continue working with our partners including the Bristol Avon Rivers Trust, Frome Town Council, farmers and landowners to identify opportunities to enhance and protect the River Frome.

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