As river, fishery and wildlife organisations, we are concerned by Ofwat’s proposal to levy a reduced penalty on Southern Water for “improper practices … including at senior management levels, to present a false picture of compliance”, by the “deliberate misreporting of data” on significant pollution incidents, and the failure to have “adequate systems of planning, governance and internal controls in place to be able to manage its wastewater treatment works; to accurately report information about the performance of these works; and to properly carry out its general statutory duties as a sewerage undertaker”.
We are particularly disappointed that the rivers and environments that have been affected will not receive any compensation for the damage to the habitat of fish and other wildlife caused by the company. Reducing the fine from £37.7m to £3m in return for allowing Southern Water an opportunity to give customers a rebate is in our opinion the wrong option. It is the environment and the aquatic life in the watercourses that were deliberately polluted by Southern Water in an attempt to remain within the terms of their permitted consents and to avoid incurring penalties.
Ofwat should not seek to subcontract its environmental responsibilities to the Environment Agency. There is a very real possibility that many of these pollution incidents will never be brought to court due to the obvious lack of data caused by this wilful misreporting. Ofwat has a duty to protect the environment too. Furthermore, we believe the whole system of operator self-monitoring that allows companies to report on their own performance has been called into question by the actions of Southern Water. Reform of this “light-touch” regulatory approach is urgently needed.
Stuart Singleton-White Head of campaigns, Angling Trust, Penny Gane Fish Legal, Arlin Rickard The Rivers Trust, William Hicks Salmon & Trout Conservation UK, Shaun Leonard Wild Trout Trust, Bella Davies South East Rivers Trust, Martijn Antheunisse Wessex Chalk Stream & Rivers Trust, Charlotte Hitchmough Action for the River Kennet, Gillian Branson Arun & Rother Rivers Trust, Peter King Ouse & Adur Rivers Trust
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