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Water company fined £300,000 for polluting Devon stream (7 December 2015)

Date: 07/12/2015
Duncan Lewis, Crime Solicitors, Water company fined £300,000 for polluting Devon stream

South West Water has been ordered to pay more than £300,000 in fines and costs, after polluting a Devon watercourse.

In a case brought by the Environment Agency, Plymouth Crown Court heard how a combination of equipment failure and poor management on the part of South West Water had led to poorly treated sewage entering the Craddock stream downstream from its Ashill Sewage Treatment Works, near Cullompton in Devon.

The Environment Agency found pollution in the stream in September 2013 and again in December 2013, which affected a 400-metre stretch of water and impacted on river life.

The issues resulted in a breach of the permit conditions, which require South West Water to ensure that the treatment works operate correctly – and to notify the Environment Agency of any problems that might affect sewage quality.

The permit conditions also require that treated sewage must be of a standard that does not cause adverse pollution or environmental harm.

The Environment Agency spotted sewage fungus in the Craddock stream on 11 September 2013 – and found excessive sludge in the treatment process and blocked filters which would usually efficiently treat the sewage. The outlet channels of the works had extensive sewage fungus, which extended downstream.

A biological survey of the stream showed that the sewage had been poorly treated for at least a month – and further investigation revealed South West Water knew of the poor stream condition.

Ongoing problems were observed during a later visit on 12 December 2013, when the quality of the sewage remained poor.

The offences observed on both dates were attributed to negligence on the part of South West Water.

At Plymouth Crown Court, Judge Lawrie said the pollution of the stream was present for a sufficient length of time for sewage fungus to grow – and was not a passing release of effluent.

However, the court decided that the fact the stream was of “poor quality” – and that others might have contributed to that poor quality – did not excuse the operator South West Water from its primary responsibility to ensure the risk of pollution from the works was kept to a realistic minimum.

Judge Lawrie added that South West Water had failed to keep an effective watch on the maintenance and operation of the site since September 2013 – and should have made more effort to ensure the site ran properly and that its maintenance programme at the site was sufficient.

The court heard that the site was to be the subject of significant investment to upgrade the works, including an additional septic tank, a new humus tank and a dry weather flow gross storm overflow.

South West Water was fined £300,000 for offences at Ashill Sewage Treatment Works, contrary to Regulations 12 and 38 of the Environmental Permitting Regulations 2010. The company was also ordered to pay the full prosecution costs of £14,421.

After the hearing, Environment Agency spokesperson Mischka Hewins said:

“We carried out regular checks on the watercourse in 2013 and saw pollution on two occasions.

“An ecological survey revealed that there was a detrimental impact on the invertebrate fauna of the stream as a result of the sewage treatment discharge – and significant changes to the wider ecology of the stream.”

Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis can advise at any stage of an investigation into environmental offences under the Environment Act, including contamination of land and watercourses, fisheries offences, fly tipping, dumping hazardous waste materials and offences involving permitted land.

There are Duncan Lewis offices nationwide and Duncan Lewis can advise both individuals and companies facing prosecution under the Environment Act, including attending interviews with investigating authorities such as the Environment Agency and Health and Safety Executive.

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


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