Enforcement Undertaking accepted to address a breach of Environmental Permitting Regulations which led to the death of almost 400 fish
East Mercia Rivers Trust has received a financial boost of £150,000 after the Environment Agency accepted an Enforcement Undertaking (EU) offer from Reckitt Benckiser (UK) Ltd.
The payment is part of an EU offered by the company for a leak of aerosol production trade effluent from its site on Sinfin Lane, Derby. The pollution occurred on 12 August 2021 into the Cuttle Brook as it flowed through Sinfin golf course.
Cause of Pollution
Reckitt Benckiser is the producer of household cleaning products, healthcare products and infant/child nutrition products. The EU occurred because of a discharge that led to the death of 371 dead bullheads and 10 sticklebacks. It also caused a prolific growth of sewage fungus and perfumed odour to the brook.
The effluent was found to be seeping out of the bank of the brook within the site. It also resulted in low oxygen levels and was 130 times more polluting than untreated sewage. The company took prompt action to stop the polluting discharge and investigate the cause. It had stopped by the following day.
In addition to the donation, Reckitt Benckiser has spent £300,000 to prevent any recurrence of the pollution incident and paid the Environment Agency’s costs of over £10,000.
Paul Chambers, Environment Officer for the Environment Agency said:
“Enforcement Undertakings allow polluters to positively address and restore the harm caused to the environment and prevent repeat incidents.
“The Environment Agency will consider acceptance of Enforcement Undertakings submitted for suitable cases to restore the environment, improve practices of the offending company and avoid longer criminal court cases. However, we will prosecute in appropriate cases.
“As well as donations totalling £150,000 to East Mercia Rivers Trust that will bring great benefits to the environment, Reckitt Benckiser has made significant improvements to the Sinfin Lane site drainage system, and particularly its trade effluent pipework.
“Please report any environmental issues to the Environment Agency’s 24-hour Incident Hotline on 0800 80 70 60.”
Rachel Butler, Executive Director at East Mercia Rivers Trust said:
“The donation from Reckitt Benckiser has directly contributed towards a major river restoration project as part of East Mercia River Trust’s ambition to restore the Upper Witham landscape at scale.
“An important limestone river, this watercourse forms the headwaters of the Witham catchment and is home to white-clawed crayfish and brown trout amongst other native flora and fauna.
“Nationally, of the estimated original 2 million hectares of functional, wetland, lowland floodplain only 3000 hectares remained by 2015.”
The Regulation the Company Did Not Meet:
Regulation 38(1) Environmental Permitting (England and Wales) Regulations 2016 (as amended).
What is an Enforcement Undertaking?
An Enforcement Undertaking is available to the Environment Agency (EA) as an alternative sanction to prosecution or monetary penalty for dealing with certain environmental offences. It is a legally binding voluntary agreement proposed by a business (or an individual) when the EA has reasonable grounds to suspect that an environmental offence has occurred.
Enforcement Undertakings for environmental offences were introduced under the Environmental Civil Sanctions (England) Order 2010 and the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010.
Accepting an Enforcement Undertaking is always at the discretion of the EA but if accepted enables firms and individuals who have damaged the environment or operated outside of legislative requirements to offer to complete actions which will address the cause and effect of their offending, including making a payment to an appropriate environmental project.
EUs can be offered for offences including polluting rivers, breaching permit conditions designed to protect communities, or failing to register and comply with recycling/recovery obligations. The Environment Agency then carefully considers whether the actions offered by the offender are acceptable.
Why Use Enforcement Undertakings?
Businesses will voluntarily secure compliance now and in the future, without attracting a criminal record.
The environment, local community and those directly impacted by the offending can benefit through actions being offered in an EU.
They allow the EA to deal with the less intentional and polluting offending in a more proportionate way than prosecution through the criminal courts.
The Environment Agency reserves the right to prosecute, where offenders fail to comply with the terms of an Enforcement Undertaking offer.