A firm involved in a Perthshire hydro power scheme was fined £4,000 at Perth Sheriff Court for playing a role in the death and injury of endangered pearl mussels.
The court heard how the pollution was one of the “worst experienced” by Scottish Environment Protection Agency (Sepa) investigating officers who visited the River Lyon site.
Shawater Ltd admitted that between September 3 2009, and October 1 2010, at Inverinain Hydro Scheme, Glen Lyon, and the River Lyon, they permitted employees of A & C Construction Ltd (now dissolved) and Chic Kippen & Son to carry on a controlled activity likely to cause pollution of the water in that they permitted the employees to construct a pipeline, a ford and access tracks all in a manner to cause pollution and did fail to ensure silt mitigation measures were in place to prevent the discharge of suspended solids into the Inverinain Burn and the River Lyon and thereby killing and injuring fresh water pearl mussels.
Depute fiscal Tom Dysart told the court that silt would “normally” take “hundreds of years” to flow down towards a river and that due to the mussel deaths it was “unclear” how long it would take for the population to recover in the River Lyon if they ever will.
He added that the Inverinain Hydro Scheme was built to produce energy for around 600 homes per year, and that a written contract had not been completed between Shawater and the contractors.
Mr Dysart told the court that an unauthorised ford had continued to be used by vehicles and that silt was visible on the Inverinain Burn on August 18 2010.
On August 24 2010, a “plume” of solids extended in the River Lyon and three days later Tayside Police and Scottish Natural Heritage staff then found the pearl mussels had been “coated” with silt and that this had killed and injured them.
Solicitor Peter Anderson, defending, said that Shawater’s site management roles had been limited.
Sentencing, Sheriff Michael Fletcher said it was “astonishing” that no contract had been drawn up between Shawater and its contractors but found the degree of the accused’s responsibility to be at the “lower” end of the scale.
Sentence was deferred on Alan Smith (48) and Charles Kippen (52), who have both admitted similar charges of killing and injuring pearl mussels.