Water company hit with first of its kind conviction after failing to hand records to Environment Agency

A magistrates' court has ordered Anglian Water Services pay more than £50,000 in fines and costs after convicting the water company of failing, without reasonable excuse, to provide records to the Environment Agency.

The Environment Agency launched legal action after serving several statutory requirements for records on the company as part of an investigation into Anglian Water's compliance.

The company, which supplies water and wastewater services to the east of England and Hartlepool, was charged with three instances of failing to comply, without reasonable excuse, with a requirement imposed under section 108 of the Environment Act 1995, contrary to section 110(2)(a) of the Environment Act 1995.

However, it was only convicted on one count of failing to comply with a requirement imposed under the 1995 Act.

The sentencing, which took place at Peterborough Magistrates' Court on 5 July, marked the first conviction of its kind by the Environment Agency against a water company and set a precedent for the regulation of non-compliant companies, the Environment Agency said.

The company had entered a not guilty plea to the charge, claiming that it had a reasonable excuse for non-compliance.

District Judge Kenneth Sheraton ordered the water company to pay a £25,000 fine, £190 victim surcharge and £25,000 in costs.

According to the Environment Agency, the case arose out of a wider criminal investigation involving all ten English water companies looking into potential non-compliance with environmental permit conditions at over 2,000 wastewater treatment works.

A statement from the Environment Agency said it is hoped that the sentencing "will help the regulator to bring all water companies into compliance and reduce environmental pollution".

Commenting on the cases, a spokesperson for Anglian Water said: "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."

It 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."

Adam Carey