The Environment Agency (EA) has secured £517,000 from United Utilities after three permit breaches led to a substantial amount of sewage being discharged into the River Tame.
The agreement is part of a record £8.5 million paid by water companies into environmental restoration projects across the country. It is part of a strengthened crackdown on pollution and poor performance across the sector, a 47% increase on the year before.
United Utilities made the Enforcement Undertaking offer following a detailed investigation by the Environment Agency into the incidents, which occurred due to a faulty tank. This was subsequently fixed.
The company has also agreed to reimburse all EA investigation costs.
Real benefits for rivers, residents and wildlife
The cash will go to Mersey Rivers Trust to improve the environmental health of rivers in the region.
Andy Brown, Environment Agency Water Industry Regulation Manager said
Water companies must be held to account, and we will continue to prosecute the most serious offenders, but Enforcement Undertakings allow companies to correct their wrongdoings and put money straight back into environmental recovery.
This £517,000 million will be invested in Tameside and help deliver real benefits for residents and wildlife.
We are continuing to drive meaningful improvements in water company performance, clean up the waterways and crackdown on persistent offenders.
Enforcement Undertakings are legally binding agreements between the Environment Agency and companies that have breached environmental regulations. They require the company to take steps to prevent a repeat of the offending and to put right the damage caused.
The Undertaking usually includes a payment to an environmental charity to carry out improvements in the local area. This funding can help deliver immediate environmental benefits without the need for lengthy and uncertain court proceedings, while complementing the Environment Agency’s wider enforcement action against repeat offenders.
Water company enforcement
In March, the Environment Agency announced it had completed more than 10,000 inspections of water company assets over the past year, including 1855 inspections at premises owned by United Utilities alone.
These inspections ensure that water company assets, such as treatment works, sewage pumping stations and storm overflows, are operating as they should and in compliance with their permits. They play a crucial role in providing an accurate picture of asset performance and encouraging greater compliance.
The Environment Agency has a range of powers to deal with breaches, from warnings, advice and guidance – through to prosecution. These enforcement measures are supported by local actions that tackle the root causes of breaches, helping to prevent future offending and reduce environmental impacts.
Additional information
- Ashton-under-Lyne wastewater treatment works was found to be in breach of Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016.
- On 2 August 2022 a sample was taken from the wastewater treatment works that resulted in the sample having suspended solids of 940 mg/l, BOD at 430 mg/l and total iron at 32,200 µg/L. These amounts very significantly exceeded those permitted by the EA.
- An investigation revealed that due to heavy rainfall a substantial amount of sludge passed into the final settlement tank and then discharged into the river. This was made worse by a mechanical failure in the final settlement tank. Subsequent repair work was undertaken, and the tank was brought back into service.
- United Utilities’ permit for Ashton-under-Lyne Wastewater Treatment Works allows for their discharge after treatment with a maximum of 30mg/l for suspended solids, 56 mg/l of Biochemical Oxygen Demand (BOD) and total iron of 8000 µg/L.
Enforcement Undertakings
- Enforcement Undertakings are a civil sanction available under the Environmental Civil Sanctions (England) Order 2010. They are a legally binding agreement accepted by the Environment Agency.
- The Environment Agency may accept an Enforcement Undertaking where it has reasonable grounds to suspect that the person offering the Undertaking has committed an offence.
- It will only consider accepting an Enforcement Undertaking for cases where the offer itself addresses the cause and effect of the offending; or the offer protects, restores or enhances the environment.
- The Environment Agency continues to prosecute organisations and individuals for environmental offences where evidence shows high levels of culpability and serious environmental harm.
