Legal News

The Environment Agency has prosecuted Thames Water for polluting the Horsenden Stream in Buckinghamshire.

Aylesbury Crown Court heard that Thames Water caused pollution from their site at Princes Risborough Sewage Treatment Works (STW) to enter Horsenden Stream – part of the River Thame catchment area in the Chilterns, which is an Area of Outstanding Natural Beauty.

Thames Water pleaded guilty at Wycombe Magistrates Court on 5 August 2015 and was committed to Aylesbury Crown Court for sentencing.

On Monday 7 March 2016, the company was fined £380,000 and ordered to pay costs of £23,092.64 and a victim surcharge of £120.

The court said that ongoing management failures at a site described as “clapped out” had been “lamentable” – and failings in management had caused the company to breach the site permit on a number of occasions between February and July 2013.

In February 2013, an officer conducting an unrelated fisheries survey of the stream had to stop for his own welfare because of the level of sewage in the stream.

The Recorder of Aylesbury, His Honour Judge Sheridan, noted that if it had not been for the fisheries survey, the incidents were unlikely to have come to light, due to the unacceptable level of management failures at the site.

A further discharge was seen by officers during a site visit on 5 March 2013 –
when the sewage in the stream looked like feathers in places. Pollution was again witnessed by officers on 19 July 2013 – on this occasion, the contamination was caused by a blockage in the works.

Princess Risborough STW is operated by Thames Water – sewage requires treatment before it can be discharged into a receiving watercourse, because it includes human waste, a variety of poIlutants, organic materials and chemicals.

The conditions of the environmental permit set by the Environment Agency aim to prevent pollution of the stream. The permit also allows Thames Water to discharge sewage during storm conditions, as long as stringent conditions are met.

Between February and July 2013 the site was poorly managed and there were ongoing problems – storm discharges into the stream were either observed or recorded in the logbook on 21 occasions.

The inlet screens – designed to prevent debris from entering the works and causing blockages – were not working and the storm tank pump was broken.

The site’s storm weir was also set too low, which meant that discharges were happening when the effluent should have been passing through the works for treatment.

Environment Officer, Holly Linham said:

“Our officers attended the site where they walked the Horsenden Stream and saw thick layers of sewage fungus carpeting the river bed and plants.

“One of the officers had never seen sewage fungus in a stream that bad before – a biological survey of the stream noted that the impact of the sewage was chronic and was likely to have been prevalent for some time.

“The conditions observed by Environment Agency officers during their visits were not isolated incidents – logbook entries suggest ongoing discharges and other problems at a site that was struggling to cope.

“We take these types of incidents very seriously and will do everything within our powers to safeguard the environment and people that maybe affected – and that includes holding those who put the environment at risk to account for their actions.”

In sentencing, the court gave Thames Water full credit for its early plea. The company has since changed the management structure at the site and raised the storm weir – and, as a result, the stream has improved.

The court placed on record the company’s commitment to improving its environmental performance – and noted that it could face significantly higher fines in future if it did not stay true to its word.

Duncan Lewis Criminal Solicitors

Duncan Lewis can advise companies and individuals on environmental offences at any stage of an investigation or charge – including charges relating to pollution of watercourses, air pollution, failing to manage hazardous waste, waste carrier offences, fly tipping, misuse of permitted land, fisheries offences and noise pollution.

There are Duncan Lewis offices nationwide and a criminal defence solicitor can attend interviews with investigating and prosecuting authorities to advise on breaches of environmental law.

For expert legal advice on environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.