Anglers have brought the first private prosecution against a water company for more than 20 years over pollution in a treasured chalk stream.
Southern Water was served with summons at its head office in Worthing, in West Sussex, last week over pollution into the River Test, a rare chalk stream in Hampshire, by Fish Legal, after growing frustration over Environment Agency (EA) inaction.
The environmental group is bringing a private criminal prosecution against Southern Water over diesel pollution in 2021 and 2022 from an outfall operated by the company on the Nursling Industrial Estate near Southampton.
The River Test is a site of Special Scientific Interest and one of only 200 chalk streams in the world, home to Atlantic salmon, otters and water voles. The section of the river that is the focus of the criminal case is currently classified as being in “unfavourable” condition for wildlife, which Fish Legal said was due to polluting discharges.
Reports from 2021 found that significant amounts of oil and diesel had leaked into the river during heavy rain, which were blamed by local anglers for the deaths of fish and cygnets.
The Environment Agency is currently investigating pollution in the area, but Fish Legal said the government body was not moving fast enough.
Prosecutions started by the Environment Agency for water quality dropped 80 per cent between 2018 and 2022, according to Freedom of Information data gathered by Fish Legal.
George Graham, chair of Fish Legal, said: “After years without effective action by the Environment Agency, we have been forced to take a private prosecution to protect this precious chalk stream. Both the water company and regulator are fully aware of the persistent pollution coming from this outfall. We cannot stand by any longer and wait for them to act.”
If found guilty, Southern Water, which was given the lowest rating of one star by the Environment Agency in its rankings for environmental performance last year, could face potentially unlimited fines.
A Southern Water spokesman said: “In June 2021, we were made aware of a release of diesel in the area of the Nursling Industrial Estate that escaped into the Little River Test.
“Our teams worked quickly, and with other agencies, to protect the watercourse and surrounding environment. An Environment Agency investigation into the cause of the incident and the identity of the polluters is ongoing.”
It came as new polling revealed that only 8 per cent of the British public think the Government is doing well on water quality, compared to 61 per cent who think they are doing badly.
The polling was conducted to mark the launch of a major new campaign calling for action to protect nature in the UK.
Backed by celebrities including Steve Backshall and Chris Packham, the BBC naturalists, alongside a coalition of 80 charities led by Wildlife and Countryside Link, an umbrella organisation for charities, it calls for all political parties to include five nature commitments in their manifestos.
Among these are more money for nature-friendly farming, making businesses pay for pollution and creating a “national nature service” to create green jobs.
An Environment Agency spokesman said: “We take every report of pollution seriously and if permit breaches are found we will take enforcement action, up to and including prosecution.
“Our officers have been on site to undertake testing of the River Test and will be interviewing Southern Water at a later date to inform [them of] our next steps. As we are currently continuing our investigations, we are unable to comment further at this time in order not to prejudice our enquiries.”
Source: The Telegraph 17th July 2023
