"we had no alternative to making these discharges, which are legal and consented, as this is the way the system was designed in the 1850s, in order to prevent sewage overflowing back up into streets and homes".
The above quote from Richard Aylard shows the double standards applied to pollution in our waterways. Can you imagine ICI releasing a similar statement relating to the release of chemicals they were unable to contain within a production facility? The subsequent prosecution and heavy fines imposed would have ensured that work would have been carried out immediately to prevent a re-occurance of the event.
As an example, consider the prosecution of companies following the fire at Buncefield Refinery, Hemel Hempstead,
Between the 10th day of December 2005 and the 31st day of December 2005, Total UK Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to sections 85(1) and (6) of the Water Resources Act 1991
Total UK, which was ordered to pay a fine of £3.6m and £2.6m in costs. The company had already pleaded guilty to offences under the Health and Safety at Work Act and the Water Resources Act.Between the 10th day of December 2005 and the 31st day of December 2005, British Pipeline Agency Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
The British Pipeline Agency was ordered to pay £300,000 for environmental offences and costs of £480,000.
The basis of the prosecution, the Water Resources Act allows for:
Water Resources Act 1991
The Act governs the quality and quantity of water by outlining the functions of the Environment Agency (previously the National Rivers Authority). The WRA sets out offences relating to water, discharge consents, and possible defences to the offences. The Environment Agency has the power to bring criminal charges against people or companies responsible for crimes concerning water.
Section 85 of the WRA is concerned with the offence of polluting controlled water. The purpose of the section is to impose criminal liability on those who pollute natural water resources. The main offence states that it is an offence to cause or knowingly permit poisonous, noxious, or polluting matter or any solid waste to enter any controlled waters. Further offences, for example, a breach of conditions in a discharge consent, are also introduced by s.85.
S.93 – Water Protection Zones; The Secretary of State may designate water protection zones, where appropriate for prohibiting or carrying on in that area of activities which the Secretary of State considers likely to result in water pollution. This enables the Environment Agency to exercise control over pesticides and other potential pollutants within the zones.
Perhaps some of our members with a legal background can explain just how Thames Water cannot be prosecuted for failing to take the neccessary steps to avoid this pollution, especially in the light of audited profits of £331,000,000 for the tax year to 31/3/2010?