Latest news from the ACA

publication date: Apr 11, 2008

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author/source: ACA

From the ACA

The ACA has always been proud to have lost only 3 cases in its 60 year history. Sadly, this record is under threat as a court last week ruled in favour of United Utilities in a case we have been fighting on behalf of The Yorkshire Flyfishers Club and Penrith Anglers. For two days in April 2006 raw sewage spilt from a blocked main sewer at the pipe bridge at Penrith, Cumbria, into the river Eamont (a tributary of the Eden), polluting the water and littering the banks with sewage debris. Although the Environment Agency decided at the time that the pollution was a criminal offence under the Water Resources Act 1991, no prosecution was brought against United Utilities. Naturally, we were shocked by the judgement, which, if allowed to stand, effectively means that the utility will have been allowed to pollute the Eamont with no legal consequences whatsoever. We are currently considering, along with the clubs, the grounds on which to lodge an appeal. This is one of four cases we have been fighting against United Utilities in 2008 - one was settled successfully in February.

Elsewhere, we have settled a claim against a farmer in Powys who polluted the River Camlad, a tributary of The Severn, in June 2005. A release of slurry from his farm caused a fish kill and wiped out invertebrate populations. Acting on behalf of the Pheasant Tail Flyfishers and the Camlad Fly Fishers Club, we secured £2,500 in compensation for loss of amenity, divided between the 2 clubs. Again, the Environment Agency failed to bring a criminal prosecution.

Given yesterday's announcement that Severn Trent Water is facing a record £35.8m fine for deliberately providing false information to the regulator and the fact that Southern Water was fined £20.3m for similar offences earlier this year, we are amazed that the Environment Agency is pressing ahead with 'Operator Self Monitoring' plans which would put water companies in charge of monitoring their own environmental performance. The ACA is very concerned that this will lead to less - rather than better - regulation and has raised this at a senior level in the Agency. We will keep up the pressure. For full details on this and the above cases, please see: www.a-c-a.org/whatsnew.php