Water companies in England have paid £3.52 million in Enforcement Undertakings as an alternative option to prosecution, according to the latest figures released by the Environment Agency.
Water companies in England have paid £3.52 million in Enforcement Undertakings as an alternative option to prosecution, according to the latest figures released by the Environment Agency.
The Agency is required to publish details of cases involving EU offers they have accepted and of civil sanctions they have imposed for environmental offences (not currently available) under the Environmental Civil Sanctions (England) Order 2010. Details of cases where a civil sanction has been imposed are not currently available.
The cases covers the period 20 October 2018 to 22 May 2019 - and may also include details of EUs accepted between 1 June and 19 October 2018 which have not been published before. The cases involved breaches of a range of environmental legislation, including the Environmental Permitting (England and Wales) Regulations 2016, Environmental Permitting (England and Wales) Regulations 2010 and the Water Resources Act 1991.
- Yorkshire Water paid £200k for a single case
- Wessex Water paid £35k for a single case
- United Utilities paid a total of £1.414 million for four cases
- Southern Water paid £25k for a single case
- South West Water paid £350k for a single case
- Northumbrian Water paid a total of £1.179 million for five cases
- Severn Trent Water paid £226k for a single case

The payments for the Enforcement Undertakings covered contributions to a range of environmental and wildlife trusts organisations. In addition, all of the companies concerned covered the Environment Agency’s own costs.
The majority of cases covered by the EUs were for operating without or other than in accordance with a permit, while one case involved abstracting without a licence, or other than in accordance with a licence.
Actions undertaken by the water companies themselves included:
- site repairs and inspections
- site remediation, restoration, improvement and infrastructure works
- review of response procedures and implementation of an improved monitoring and response procedure
- CCTV surveys
- revised maintenance programme
- investigation and ecological survey work
- increasing awareness among customers
- benefits for impacted third parties
- inspection and sampling works
- issue briefings to staff and external contractors
- review of risk assessments
Earlier this year
Emma Howard Boyd, Chair of the Environment Agency defended the Agency's use of Enforcement Undertakings in response to a highly critical article in The Times newspaper, saying:
"Whether or not to accept an EU rather than prosecute is our decision, not the companies’."
Click here to read the Environment Agency data
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