Thames Water, based in Reading, admitted two charges of failing to notify the Environment Agency of the discharge and was fined £16,000, made to pay £8,000 costs and a £15 victim surcharge by Aldershot Magistrates’ Court. The charge was brought under the Environmental Permitting (England & Wales) Regulations 2010.

The court heard that on 5 December 2010 the Environment Agency received a report from a member of the public about dead fish in the Arford Lakes. The Lakes are on-line on the Arford Stream and downstream of the Arford Sewage Pumping Station which is operated by Thames Water. The Company was contacted and they confirmed that an incident had started on 2 December. Environment Agency officers visited the site on the 6 December and noted dead fish, including chub, carp, sticklebacks and roach. The discharge from the pumping station had stopped, but officers found sewage fungus and debris in the stream, along with a strong smell of sewage in the air, the lakes were also grey in colour.

Water quality samples were taken to check levels of ammonia, suspended solids and oxygen.  The measurements indicated sewage pollution at levels consistent with the death of the fish. The sewage reduced the levels of oxygen in the water and officers deployed two aerators, alongside Thames Water’s three, to pump air back into the lakes. Hydrogen peroxide was also added to help release oxygen into the water.

During the investigation the Environment Agency were informed that Thames Water had a number of alarms indicating pump failures at the site. When pumps fail or cannot keep up with the flow in the station the sewage level will rise until it reaches a point where it will overflow to the stream.  The site permit does allow for emergency overflows when the pumps fail, but it also requires Thames Water to notify the Environment Agency of the overflow.  Thames Water failed to give this notification and it was not until the 5 December that the Environment Agency received a call from a member of the public that there had been an incident.   As a result, the actions taken to increase oxygen levels were too late for the many fish that had already died.

Neil Martin, who investigated the incident for the Environment Agency, said: “This was a distressing incident and it was upsetting to see so many fish either dead or gasping for life. The area is popular with anglers and is fished regularly and we found that over 300 fish died in the lakes.”

“Water companies have a statutory duty to comply with the conditions of their permits, which Thames Water had not done in this case. It sends a clear message to other companies that if you fail in your environmental responsibilities you may be prosecuted.”

Charges

The defendant was charged with 2 offences of failing to comply with or contravening an environmental permit conditions, namely failing to notify the Environment Agency as soon as practicable (1) when there is potential for operation of the emergency overflow in the event of failure or breakdown of the pumping station and (2) after receipt of an overflow telemetry warning that operation of the emergency overflow has taken place at Arford Pumping Station, Arford, Hampshire, between 1 December 2010 and 7 December 2010, contrary to Regulation38(2) of the Environmental Permitting (England & Wales) Regulations 2010.