Crime Solicitors

Thames Water Utilities Limited (Thames Water) has been fined a record-breaking £1 million, after being prosecuted by the Environment Agency for polluting the Grand Union Canal.

The case was brought by the Environment Agency after Thames Water caused repeated discharges of polluting matter from Tring Sewage Treatment Works (STW) to enter the Wendover Arm of the Grand Union Canal in Hertfordshire between July 2012 and April 2013.

In May 2015, Thames Water pleaded guilty at Watford Magistrates’ Court to two charges under the Environmental Permitting (England and Wales) Regulations 2010.

On Monday, 4 January 2016 at St Albans Crown Court, the company was ordered to pay a fine of £1 million, costs of £18,113.08 and a victim surcharge of £120 – the highest ever fine for a water company in a prosecution brought by the Environment Agency.

The court heard that Thames Water had a permit to discharge treated effluent from Tring STW into the Wendover Arm of the Grand Union Canal.

The conditions of the Environmental Permit set by the Environment Agency were intended to prevent any negative impact on the canal itself and activities such as boating and fishing, which take place on or in the canal.

However, poorly performing inlet screens caused equipment at the works to block, leading to sewage debris and sewage sludge being discharged into the canal.

The inlet screens should have removed the majority of sewage debris (referred to as “rag”) – but the screens had repeatedly failed in this case.

Partially treated sewage can contain polluting matter, such as suspended solids, high levels of iron and aluminium. Suspended solids have the potential to smother organisms and plant life in rivers – and cover the spawning grounds of fish. Aluminium and iron can also have toxic impacts on macro-invertebrates.

Routine samples of the discharge taken on 31 January 2013 contained high levels of iron and aluminium – and showed a high chemical oxygen demand.

Thames Water explained to the court that it had spent £30,000 on replacing the inlet screens at Tring.

The water company has also co-operated with the Environment Agency in its investigation – and has taken steps to avoid further such incidents.

The Environment Agency said there had been a significant improvement in the water company’s recent environmental performance – and there was no financial motivation for or gain from the offences.

Passing sentence, His Honour Judge Bright QC said:

“The time has now come for the courts to make clear that very large organisations such as [Thames Water] really must bring about the reforms and improvements for which they say they are striving – because if they do not, the sentences passed upon them for environmental offences will be sufficiently severe as to have a significant impact on their finances.”

After the hearing, Environment Officer for the Environment Agency, Emily Rowland, added:

“We welcome the court’s decision to penalise Thames Water for serious breaches of its Environmental Permit, which led to pollution of the Grand Union Canal.

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

Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis criminal solicitors can advise major companies, SMEs and individuals on environmental offences, including use of permitted land, pollution and contamination of water courses and land, fisheries offences, air pollution, failure to manage hazardous materials (eg asbestos), fly tipping and dumping refuse on the public highway.

There are Duncan Lewis offices nationwide and in most major cities – and a Duncan Lewis criminal defence solicitor can attend interviews with prosecuting authorities such as the Environment Agency or local authority.

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

For 24/7 help at a police station, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607.