Companies which broke environmental laws – either by polluting rivers, breaching permit conditions designed to protect communities or avoiding recycling – have agreed to make payments to a range of charities and have pledged to make improvements to avoid future offences.

30 charities and projects will benefit from the bumper pay-out of £1,564,761.09. The money will be spent by local groups on projects that will make a direct positive impact on the environment. Stretches of rivers will be cleaned up, native species will be restocked into rivers and communities groups will invest in parkland for everyone to enjoy.

There are 26 Enforcement Undertakings on the new list with payments ranging from £1,500 – £375,000, including 6 companies that have agreed to make 6 figure payments:

• Northumbrian Water Limited (£375,000) for pumping raw sewage into a tributary of the River Tyne.
• Filippo Berio UK Limited (£253,906.91) for failing to recover or recycle packaging waste.
• Anglian Water Services Limited have made two separate payments (£100,000 and £100,000) both for causing pollution incidents which killed fish.
• Heineken UK Limited (£160,000) for causing a pollution incident which killed fish.
• Kerry Ingredients UK Limited (£127,975) for causing a pollution incident which killed fish.
• Sandoz Limited (£120,932.23) for failing to recover or recycle packaging waste.

As well as making a suitable payment to an appropriate environmental charity, each company has accepted liability, demonstrated restoration of harm and invested to reduce the risk of similar breaches occurring in future.

The Environment Agency’s ability to accept Enforcement Undertakings was extended in 2015 to a far wider range of offences. The Environment Agency is increasingly using this method of enforcement for suitable cases to swiftly restore the environment, improve practices of the offending company and avoid longer criminal court cases. However prosecutions will still be taken, particularly in the most serious cases.

Peter Kellett, Legal Director for the Environment Agency said:

We take pollution incidents very seriously and the payments of £1.5 million we’re announcing today are the result of our firm but fair enforcement action and will benefit people and the environment across the country.

Enforcement Undertakings allow those who commit offences to restore the environment and to take steps to prevent a recurrence. When appropriate, they allow a quicker resolution than a prosecution and help offenders who are prepared to take responsibility for their actions to put things right with their local communities.

Stephen Trotter, Director, The Wildlife Trusts England, said:

The principle that a polluter should make amends for the damage they’ve caused makes good sense. We all depend on a healthy environment and this positive scheme allows some natural improvements to be funded which otherwise wouldn’t happen. Clearly it would be better if these incidents hadn’t happened in the first place – but at least something positive has come out of it.

Hertfordshire & Middlesex Wildlife Trust will use the money to help conserve and protect rare chalk streams and Surrey Wildlife Trust will support a range of projects including care of their heathlands through conservation grazing and Hedgerow Heroes, a citizen science project, to restore the remarkable network of hedges across the county that act as green corridors for wildlife.

The Wildlife Trusts also welcome the deterrent effect that these Enforcement Undertakings should have. It’s really important that people understand their responsibilities and care for the natural world – it’s also cheaper and makes business sense to do things cleanly than risk causing damage and pollution.

Restoration projects are in addition to work initially carried out to minimise environmental damage caused by pollution. Companies or members of the public are urged report pollution to the Environment Agency’s 24/7 hotline on 0800 80 70 60. Environment Agency officers respond to limit damage to the environment and protect people and wildlife.

Several six-figure payments have been made for not recovering and recycling packaging. All companies producing packaging have a responsibility to recycle or pay for recycling to compensate and failure to follow packaging regulations will result in enforcement action and financial penalties.

• The list of enforcement undertakings is published here: https://www.gov.uk/government/publications/enforcement-undertakings-accepted-by-the-environment-agency

Tata Steel UK Ltd (TSUK) paid the money to the Humber Nature Partnership, an organisation that delivers projects resulting in environmental, economic and community benefits. The payment follows a pollution incident on the Bottesford Beck.

On the 22 May 2015 after a call from the TSUK Environment Manager, Environment Agency officers found a heavy red coloured lubricating oil on Seraphim lagoon, the Bottesford Beck and in wetland channels of Ashby Ville Local Nature Reserve.

Following investigations it appears that the oil overflowed from an industrial bulk container as oil was being drained from a lubricating tank on the TSUK site.

Under the terms of this Enforcement Undertaking (EU), Tata Steel UK Ltd accepted an obligation to make a donation of £73,000 to the Humber Nature Partnership. Final plans for how the money will be used are still underway, but tree planting creation of wildlife ponds and ground works for an outdoor classroom that could be used by local schools are some schemes under consideration.

As part of the EU, Tata Steel UK Ltd has also agreed to take action to ensure that a similar incident does not recur and paid the costs of the Environment Agency.

Elizabeth Cooper, environment officer with the Environment Agency, said:

We work hard to protect people and the environment. In this case, we considered that the Enforcement Undertaking was an appropriate way to sanction the company while creating a benefit for the local environment.

Serious pollution can have devastating effects on rivers, fields and wildlife.

Along with prosecutions, the Environment Agency use enforcement notices, stop notices and civil sanctions to either improve performance or stop sites from operating. It is making better use of the wide range of measures that are available to bring sites back into compliance as quickly as possible.

The Environment Agency’s use of civil sanctions is in line with recent legislation extending their availability for more offences.

Civil sanctions such as these can be a proportionate and cost-effective way for businesses to make amends for less serious environmental offences.

The Enforcement Undertaking requires Tata Steel UK Ltd to:

• Make a donation of £73,000 to the Humber Nature Partnership

• Implement pollution prevention and restoration works

• Review refresher training for staff

• Site improvement works

• Pay Environment Agency costs

Failure to comply with an EU may result in the offender being prosecuted for the original offence. Details of Enforcement Undertakings accepted by the Environment Agency between can be found on GOV.UK

ENDS

Integrated Waste Management (IWM) has agreed to pay £50,000 to the Lincolnshire Wildlife Trust following allegations of pollution in Winteringham.

In July 2015 the Environment Agency (EA) received a report of dead fish in the Haven Drain in Winteringham. Upon further investigation the EA found dead fish and low ammonia, indicating that pollution had taken place. 90 dead fish were counted, with EA officers estimating that 403 fish had been killed over a 4.4km stretch of watercourse.

EA officers traced the pollution back to the vicinity of Winterton North Landfill, a site which is operated by IWM. A leak as well as some blockage issues were found on-site.

Following the incident, IWM agreed to pay £50,000 to the Lincolnshire Wildlife Trust. It also agreed to put measures in place to prevent a similar incident from occurring in the future, and paid £7,041.70 in costs to the EA.

The Environment Agency uses civil sanctions, enforcement notices and stop notices along with prosecutions, to either improve performance or stop sites from operating. The Environment Agency’s use of civil sanctions is in line with recent legislation extending their availability for more offences.

Civil sanctions such as these can be a proportionate and cost-effective way for businesses to make amends for less serious environmental offences.

Simon Mitchell, Environment Manager with the Environment Agency, said:

At the Environment Agency we work hard on a day-to-day basis to protect the environment. In this particular case of pollution, the impact on the environment was limited. The company co-operated with our investigation and responded quickly to the incident.

This is why we decided that an Enforcement Undertaking would be an appropriate way to sanction the company while contributing positively to the environment.

We will still choose to prosecute offenders in the most severe cases.

The Enforcement Undertaking requires Integrated Waste Management to:

• Make a donation of £50,000 to the Lincolnshire Wildlife Trust
• Make improvements to site operations
• Pay Environment Agency £7,041.70 in costs

Failure to comply with an EU may result in the offender being prosecuted for the original offence. Details of Enforcement Undertakings accepted by the Environment Agency can be found on our website here.

ENDS

Notes to editors:

• On or about 15 July 2015, Integrated Waste Management Ltd failed to comply with a condition of its Environmental Permit for a regulated facility at Winterton North Landfill Site. This was contrary to Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2010.

• The EU was accepted on 31 August 2016.

Anglian Water Services Ltd has agreed to pay £100,000 to a local community interest company following a pollution incident in Peterborough.

Anglian Water paid the sum to River Nene Regional Park, a local social enterprise. The payment follows a pollution incident at Anglian Water’s Flag Fen Water Recycling Centre (WRC).

In May 2013, storm tanks at Flag Fen WRC overflowed, discharging untreated sewage into the Counter Drain. Although the overflow occurred throughout May 2013, the environmental impact was localised and short-lived. It only affected the Counter Drain, and did not adversely affect the River Nene.

Because this was not a case of severe pollution, the Environment Agency decided to agree to a civil sanction called an Enforcement Undertaking (EU). Under the terms of this EU, Anglian Water offered to make a donation of £100,000 to the River Nene Regional Park. This donation will enable the River Nene Regional Park to employ a River Restoration Officer.

As part of the EU, Anglian Water has also agreed to take action to ensure that a similar incident does not recur. The company paid £13,486.43 in costs to the EA.

Along with prosecutions, the Environment Agency use enforcement notices, stop notices and civil sanctions to either improve performance or stop sites from operating. It is making better use of the wide range of measures that are available to bring sites back into compliance as quickly as possible.

The Environment Agency’s use of civil sanctions is in line with recent legislation extending their availability for more offences.

Civil sanctions such as these can be a proportionate and cost-effective way for businesses to make amends for less serious environmental offences.

Yvonne Daly, Environment Manager with the Environment Agency, said:
“We work hard to protect people and the environment. In this case, we considered that the Enforcement Undertaking was an appropriate way to sanction the company while creating a benefit for the environment.

“Serious pollution can have devastating effects on rivers, fields and wildlife. In the most severe cases, we will still prosecute offenders.”

The Enforcement Undertaking requires Anglian Water to:

• Make a donation of £100,000 to the River Nene Regional Park Community Interest Company
• Make improvements to site operations
• Pay Environment Agency £13,486.43 in costs

Failure to comply with an EU may result in the offender being prosecuted for the original offence. Details of Enforcement Undertakings accepted by the Environment Agency can be found on our website here.

ENDS

Notes to editors:

• Anglian Water Services Ltd discharged sewage effluent into the Counter Drain from Flag Fen Water Recycling Centre, Peterborough, Cambridgeshire between 8 May and 1 June 2013. This is contrary to section 4(1) of the Salmon and Freshwater Fisheries Act 1975.

• The EU was accepted on 12 July 2016.

Anglian Water Services Ltd will be paying £100,000 to a local charity Rockingham Forest Trust to make amends for discharging crude sewage into the Willow Brook in Corby.

The company has also agreed to undertake site improvement works, and will pay the Environment Agency costs as part of a civil sanction called an Enforcement Undertaking (EU).

The pollution occurred on 21 June 2014, when crude sewage was released into the Willow Brook in Corby, Northamptonshire. This sewage resulted in pollution along 6 kilometres of the brook, leading to numerous reports of discoloured water as well as the death of up to 500 fish.

Upon inspection Environment Agency officers found that this pollution originated from Corby Water Recycling Works, which is owned by Anglian Water Services. Anglian Water had been aware of a serious problem at the Corby site since 3pm on 21 June, but failed to notify the Environment Agency until officers of the EA came to the water recycling centre in the evening.

Following the incident, Anglian Water agreed under the terms of an EU to make a financial contribution of £100,000 to Rockingham Forest Trust, a local environmental charity which manages areas including the water environment in the Nene Valley.

Anglian Water also made improvements to the site to prevent similar incidents recurring in the future, and paid £14,834.10 in costs to the EA.

Along with prosecutions, the Environment Agency uses enforcement notices, stop notices and civil sanctions to either improve performance or stop sites from operating. It is making better use of the wide range of measures that are available to bring sites back into compliance as quickly as possible.

The Environment Agency’s use of civil sanctions is in line with recent legislation extending their availability for more offences.

Civil sanctions such as these can be a proportionate and cost-effective way for businesses to make amends for less serious environmental offences.

Yvonne Daly, Environment Manager with the Environment Agency, said:

We will always take forward prosecutions in the most serious cases. However, we felt the Enforcement Undertaking was the most appropriate sanction in this case.

We felt it to be a more proportionate response that would benefit the environment – achieving more than if the company had been convicted and fined.

The Enforcement Undertaking requires Anglian Water to:

• Make a donation of £100,000 to the Rockingham Forest Trust
• Make improvements to site operations
• Pay Environment Agency £14,834.10 in costs

Failure to comply with an EU may result in the offender being prosecuted for the original offence. Details of Enforcement Undertakings accepted by the Environment Agency can be found on our website here.

ENDS

Notes to editors:

• On 21 June 2014, Anglian Water Services Ltd put sewage effluent into waters containing fish, namely the Willow Brook in Corby, Northamptonshire, to such an extent as to cause the said waters to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish. This was contrary to Section 4(1) of the Salmon and Freshwater Fisheries Act 1975.

• This Enforcement Undertaking was accepted on 29 November 2016.