South West Water given record £2.1m fine for pollution offences
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South West Water has been fined more than £2 million for a series
of environmental offences across Devon and Cornwall spanning a
period of four years. It is the largest ever fine imposed
for environmental offences in the region. Delivering her
sentence, District Judge Matson said ‘incidents of pollution will
no longer be tolerated by these courts’ and fined the water company
£2,150,000 today (26 April 2023). The EA has shown that
there were...Request free trial
South West Water has been fined more than £2 million for a series of environmental offences across Devon and Cornwall spanning a period of four years. It is the largest ever fine imposed for environmental offences in the region. Delivering her sentence, District Judge Matson said ‘incidents of pollution will no longer be tolerated by these courts’ and fined the water company £2,150,000 today (26 April 2023). The EA has shown that there were numerous common deficiencies in the implementation of SWW’s management systems which have contributed to each of these offences. The company had pleaded guilty at an earlier court hearing and District Judge Matson, sitting at Plymouth Magistrates’ Court sentenced the company on 13 charges – six for illegal water discharge activities and for seven offences of contravening environmental permit conditions. The offences took place between July 2016 and August 2020 at Lostwithiel, Kilmington, Crediton and Torpoint sewage treatment works and the Watergate Bay sewage pumping station. The water company was ordered to pay £280,000 costs and £170 victim surcharge. Inaccurate and inadequate operational procedures led to harmful chemicals escaping from SWW sites on more than one occasion which resulted in significant environmental damage including sites at Kilmington on the River Axe and in Crediton on the River Creedy. Following the spill at Kilmington, thousands of fish died in the River Axe including some protected species. Failure by SWW to operate its assets and processes in an effective manner was also demonstrated at Lostwithiel in July 2016, where raw sewage was pumped into the River Fowey for more than 12 hours despite control room alarms indicating there was an issue with the works. Not responding adequately to alarms the same year resulted in an illegal discharge from the Watergate Bay sewage pumping station in August 2016. The discharge lasted for more than 35 hours and a sample taken from a stream at the beach showed E. coli levels to be 2,000 times higher than the level that would be classified as poor. On two occasions effluent from the Torpoint sewage treatment works was pumped into the St John’s Lake Site of Special Scientific Interest – this also lies within the Plymouth Sounds and Estuaries Special Area of Conservation. The site is designated due to its variety of bird life and invertebrates. Today’s sentence ‘shows the shareholders and management of South West Water the importance of compliance’, said the judge. Alan Lovell, Chair of the Environment Agency, said: “We welcome this sentence. Serious pollution is a serious crime – and we have been clear that the polluter must pay. “The Environment Agency will pursue any water company that fails to uphold the law or protect nature and will continue to press for the strongest possible penalties.” Water Minister Rebecca Pow said: “Water companies should not be letting this happen and those that do will be punished using the full force of the law. This fine reflects the severity of the pollution that occurred across Devon and Cornwall, causing damage to both wildlife and protected sites. “It will rightly be paid solely from the company’s operating profits and not passed on to customer bills. “As set out in our recent Plan for Water, fines handed out to water companies that pollute our rivers and seas will be re-invested into a new Water Restoration Fund, which will deliver on-the-ground improvements to our natural environment and water quality.” Clarissa Newell, of the Environment Agency, said: “Failure to apply basic environment management principles has caused pollution incidents at some of the most scenic locations in Devon and Cornwall including bathing waters and designated Special Areas of Conservation (SAC). “Having alarms to alert you that sewage is spilling is no good if no action is taken. Enforcement is intended to prevent these things from happening again and ensure South West Water improve and meet the expectations placed on it. “Like all water companies, South West Water has a responsibility to operate in accordance with permit conditions and to prevent pollution. Polluters must pay and the Environment Agency will continue to do everything in its power to ensure that they do.” Ends Notes to editor The full list of charges to which South West Water Ltd pleaded guilty is: Count 1 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.SOUTH WEST WATER LIMITED between the 16th day of July 2017 and the 19th day of July 2017 at Crediton Sewage Treatment Works, otherwise than in accordance with an environmental permit, caused a water discharge activity, namely the discharge into the River Creedy of poisonous, noxious or polluting matter, namely ferric sulphate. Count 2 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.SOUTH WEST WATER LIMITED on the 2nd day of August 2018 at Kilmington Sewage Treatment Works, otherwise than in accordance with an environmental permit, caused a water discharge activity, namely the discharge into the River Axe of poisonous, noxious or polluting matter, namely sodium hypochlorite. Count 3 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED between the 15th day of July 2016 and the 18th day of July 2016 at Lostwithiel Sewage Treatment Works, otherwise than in accordance with an environmental permit, caused a water discharge activity, namely the discharge into the River Fowey of sewage effluent. Count 4 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED on the 23rd day of April 2018 at Lostwithiel Sewage Treatment Works contravened condition 1.4.2(a) of Environmental Permit number NRA-SW-5293 in that the discharge from the works contained more than 60 milligrammes per litre (mg/l) of biochemical oxygen demand. Count 5 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED on the 23rd day of April 2018 at Lostwithiel Sewage Treatment Works contravened condition 1.4.2(c) of Environmental Permit number NRA-SW-5293 in that the discharge from the works contained more than 96 milligrammes per litre (mg/l) of suspended solids.
Count 6 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED on the 24th day of April 2018 at Lostwithiel Sewage Treatment Works contravened condition 1.14.1(a) of Environmental Permit number NRA-SW-5293 in that the discharge from the works failed to comply with paragraph 2 of Part 1 of Schedule 3 to the Urban Waste Water Treatment Regulations 1994 in that the biochemical oxygen demand of the discharge exceeded the permitted limits. Count 7 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED between the 3rd day of December 2017 and the 6th day of December 2017 at Torpoint Waste Water Treatment Works contravened condition 2.3.2(a) of Environmental Permit number NRA-SW-6990/V001 by failing to prevent a discharge from the works when the flow passed forward was not equal to, or greater than, the overflow setting indicated due to rainfall and / or snowmelt. Count 8 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED between the 3rd day of December 2017 and the 6th day of December 2017 at Torpoint Waste Water Treatment Works, otherwise than in accordance with an environmental permit, caused a water discharge activity, namely the discharge into St John’s Lake of sewage effluent. Count 9 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED between the 17th day of July 2020 and the 20th day of July 2020 at Torpoint Waste Water Treatment Works contravened condition 2.3.2(a) of Environmental Permit number NRA-SW-6990/V001 by failing to prevent a discharge from the works when the flow passed forward was not equal to, or greater than, the overflow setting indicated due to rainfall and / or snowmelt. Count 10 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016. SOUTH WEST WATER LIMITED between the 17th day of July 2020 and the 20th day of July 2020 at Torpoint Waste Treatment Works, otherwise than in accordance with an environmental permit, caused a water discharge activity, namely the discharge into St John’s Lake of sewage effluent.
Count 11 CAUSING AN UNAUTHORISED WATER DISCHARGE ACTIVITY, contrary to Regulations 12(1)(b) & 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010. SOUTH WEST WATER LIMITED between the 1st day of August 2016 and the 4th day of August 2016 at, Watergate Bay, Cornwall, otherwise than in accordance with an environmental permit caused a water discharge activity, namely the discharge into the Tregurrian Stream of sewage effluent.
Count 12 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2010. SOUTH WEST WATER LIMITED between the 1st day of August 2016 and the 4th day of August 2016 at Watergate Bay Sewage Pumping Station contravened condition 1.8.1(a) of Environmental Permit number 301320 in that it failed to provide and maintain a 24-hour response telemetry system which would give notification of failure or breakdown of the pumping station.
Count 13 CONTRAVENING AN ENVIRONMENTAL PERMIT CONDITION contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2010. SOUTH WEST WATER LIMITED between the 1st day of August 2016 and the 4th day of August 2016 at Watergate Bay Sewage Pumping Station contravened condition 1.8.1(b) of Environmental Permit number 301320 in that it failed take all reasonable remedial measures to return the pumping station to normal operation, as soon as practicable after warning of failure or breakdown of the pumping station. |