Anglian Water fined by the Environment Agency in 'first of its kind' legal case
The case “sets a precedent for the regulation of non-compliant companies” – says the EA
Anglian Water has been ordered to pay more than £50,000 after failing to comply with a requirement to provide records to the Environment Agency (EA).
The case was brought forward by the EA and sentencing took place on Friday, July 5, at Peterborough Magistrates’ Court.
The water company was initially charged in May with three counts of of failing, without reasonable excuse, to comply with a requirement imposed under Section 108 of the Environment Act 1995. They have only been found guilty of one.
A judge ruled that on this one count, the company had no ‘reasonable excuse’ not to comply with EA instructions.
The order placed on Anglian Water Services Ltd includes a £25,000 fine, a £190 victim surcharge and £25,000 in costs.
This conviction forms part of an EA investigation into what it calls “non-compliance of all ten water companies”.
Following the July 5 hearing, an EA spokesperson said: “This is the first conviction of its kind by the Environment Agency against a water company and sets a precedent for the regulation of non-compliant companies.
“Since launching the investigation into Anglian Water Service Ltd’s compliance, the Environment Agency has served several statutory requirements for records on the company. Anglian Water Services Ltd has been convicted of failing, without reasonable excuse, to respond to one of these notices, served between dates in January 2022 and January 2023.
“Anglian Water Services Ltd had entered a not guilty plea to the charge, claiming that they had a reasonable excuse for non-compliance. Having heard the evidence in the case, District Judge Kenneth Sheraton rejected the water company’s claim.”
The spokesperson added: “The case against Anglian Water Services Ltd arose out of a wider investigation involving all ten English water companies looking into potential non-compliance with environmental permit conditions at over 2,000 wastewater treatment works.
“The Environment Agency hopes that today’s sentence will help the regulator to bring all water companies into compliance and reduce environmental pollution.”
In May, Anglian Water was found not guilty of two counts of failing to provide data to the EA.
In a statement issued after the hearing, Anglian Water said: “Today, the case brought against Anglian Water by the Environment Agency, has concluded. In advance of sentencing, the judge had already declared that Anglian Water was not guilty of the two more serious charges.
“In sentencing on the remaining charge, the judge has awarded a £25,000 fine that is proportionate and takes into account our arguments in this case.”
They added: “Anglian Water has always maintained, and the judge concurred, that our course of action and time taken to respond with data to the Environment Agency was reasonable. This was reflected in the fact that we were found not guilty of the two main charges.
“While we are disappointed with the finding in relation to the first charge, the low level of sentence reflects our view that this was not a significant failure on our part.”