THE company responsible for constructing the A3 Hindhead tunnel was fined £28,000 on Friday, for

polluting controlled waters with silt.

Balfour Beatty Civil Engineering, admitted two offences under Section 85 of the Water Resources Act (1991) at Guildford Magistrate's Court.

Balfour Beatty were also ordred to pay £9,477 costs, making a total of £37,477.

In sentencing Balfour Beatty, magistrates took into account

the company's early guilty plea and co-operation with the Environment Agency.

They also recognised the company had not gained financially by allowing pollution to occur.

However, magistrates found that management failures and lack of proper supervision had contributed to the incidents.

The offences involved causing silt pollution to enter the Milhanger and Hammer watercourses between June 3 and 6, 2007, and polluting Nutcombe Valley stream ponds between November 22, 2007, and January 15, 2008.

The Environment Agency gave Balfour Beatty permission to use an existing highways drain feeding into Milhanger Lake, providing water would be uncontaminated and silt free.

The agreement required water first to be pumped into settlement tanks, to ensure it was clear before being discharged. But on June 5, 2007, Environment Agency officers received reports of silt pollution at Milhanger Lake and Hammer Pond, and upon inspection found both to be bright orange in colour.

They also checked drainage inlets from the construction works and again found the water bright orange. Water sampling confirmed the lake was heavily laden with silt.

Officers attended the A3 tunnel construction site and were met by an on-site engineer, who was aware that no water-settlement was taking place, but had continued to discharge the water as the job needed to be done regardless.

A biological survey was carried out and the results concluded there was no impact on aquatic or plant life at Milhanger Lake, but there was "significant visual impact on the ponds".

During an interview under caution on August 1, 2007, Paul Hoyland, project director for Balfour Beatty, explained why pumping had gone wrong and the actions they had taken since.

Mr Hoyland also expressed that the company greatly regretted the incident and apologised.

However, the court also heard a second set of incidents occurred between November 22, 2007, and January 15, 2008, along the Nutcombe Valley stream.

As part of construction works, Balfour Beatty cleared a large area of woodland at Tyndalls Wood, in Nutcombe Valley, and should have installed a drainage system to divert road run-off from entering the site.

This would have discharged downstream of the works area without contamination, ensuring the Nutcombe Valley stream would not be affected by the works.

But on November 23, 2007, the Environment Agency received a report from the Balfour Beatty environment manager, of discolouration of some of the ponds in the Nutcombe Valley.

Environment Officers attended the site and confirmed more silt pollution.

Further pollution of the Nutcombe Valley ponds was reported on December 2, 2007, and January 14, 2008.

James Liney, environment management team leader, said: "Both Milhanger Lake and Nutcombe Valley stream ponds are good quality water courses which provide an excellent natural habitat for a wide diversity of aquatic plants and animals.

"Luckily, this time, there were no serious impacts to the environment. However, a sustained discharge of this kind could have had devastating impacts on both the ecology and water quality of the watercourses."

Mr Liney continued: "We are pleased that the court took strong action. It sends a clear message to other companies that if you fail in your responsibilities to the environment, we will prosecute you."

A spokesman for Balfour Beatty said: "We very much regret these incidents. We have an excellent environmental record and take the protection of local ecology, wildlife and natural resources very seriously.

"Balfour Beatty fully accepts the decision of the court today."

Members of the public can contact the Environment Agency on 0800807060 if any other signs of pollution are observed.