On 9 July 2021, the Environment Agency (EA) successfully prosecuted Southern Water for thousands of illegal raw sewage discharges which polluted rivers and coastal waters in Kent, resulting in a record 90 million-pound fine.
It is the largest fine imposed by the Environment Agency on water companies for environmental breaches to date and the sentence follows 51 guilty pleas to widespread and long-term breaches of environmental law over a period from 2010 to 2015.
The investigation found that the environmental damage was caused by deliberate failings that brought about major harm (Category 1) to protected areas, conservation sites and oyster bays. It was the largest criminal investigation carried out by the Environment Agency to date, and saw offences from 16 wastewater treatment works and one stormwater overflow brought together in one prosecution at Canterbury Crown Court.
The company admitted to 6,971 illegal spills of raw sewage which lasted 61,704 hours, that contaminated seas and rivers in the south of England.
The court were told that Southern Water were deliberately misleading the regulators in relation to compliance, which hindered the proper regulation of the company and disallowed early actions on pollution incidents, leading to greater environmental harm.
The judge initially fined Southern Water £135 million, but the fine was reduced by a third to £90 million due to the early guilty plea. In 2019 Ofwat also handed Southern Water a £126 million fine for the company's regulatory failings over the same period, such as manipulating the wastewater sampling process, failure to monitor treatment works properly, lack of investment and misreporting of performance - which, as the investigation had found, directly lead to the environmental failings.
Giving his sentence, the Honourable Mr Justice Johnson said: "Each of the 51 offences seen in isolation shows a shocking and wholesale disregard for the environment, for the precious and delicate ecosystems along the North Kent and Solent coastlines, for human health, and for the fisheries and other legitimate businesses that depend on the vitality of the coastal waters.
"Each offence does not stand in isolation. It is necessary to sentence the company for the totality of the offences to which it has pleaded guilty. But even that does not reflect the defendant's criminality. That is because the offences are aggravated by its previous persistent pollution of the environment over very many years."
Chair of the Environment Agency, Emma Howard Boyd said: "With nature in crisis, no one should profit from undermining environmental laws. This sentence shows fines for environmental offences are starting to reach the same level as the highest fines for crimes in financial services and that is good. There is growing scrutiny of the environmental performance of companies all over the world, this sends an important message to global investors that England expects businesses to perform to the highest standards.
"Like all water companies, Southern Water has a responsibility to operate in accordance with permit conditions and protect against serious pollution. In its deliberate, widespread and repeated offending, it has failed the environment, customers and the system of environmental laws the public puts its trust in. Polluters must pay, the Environment Agency will continue to do everything in its power to ensure that they do."
