Water watchdog backs uncapped pollution fines

The water watchdog, CCW, has shown support for unlimited fines for organisations that pollute waterways.

CCW said the removal of monetary caps on penalties should be accompanied by water consumers being given assurances that any offences committed by water companies will result in proportionate fines and remedial action for the polluted area.

The group made the comments in its official response to a government consultation on changing policy to lift the current cap on fines from £250,000.

The idea was first raised by the Department for environment, food and rural affairs (Defra) in 2021 as public anger around sewage discharges rose.

Defra said the Environment Agency would be granted powers to dish out unlimited fines to ensure the polluter pays for environmental damage.

The most serious offences would remain subject to criminal prosecution through the courts system, which already has uncapped sentencing.

CCW said in response to the consultation: “When offences occur that impact people and/or the wider environment, CCW support principles of restorative justice where the resulting financial penalties are used to address the cause of the offence, and that parties directly affected by the issues receive recompense.”

It also supported the idea that the enforcement policy will be used to fix damage caused by an offence and that money collected will be used to remedy the issues.

CCW described Defra’s proposal as fair and proportionate in how penalties would be calculated to take into account the size of an organisation, its turnover as well as how serious the incident and its impact are.

The group called for public assurances that penalties reflect the scale of pollution or environmental damage caused and suggested the Environment Agency publishes information on how fines will be commensurate to the offence.