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EA begins criminal prosecution against Southern

Southern Water representatives have appeared at Maidstone Magistrates Court for the long-awaited prosecution case brought by the Environment Agency to answer 51 charges relating to more than 8,000 sewage breaches between 2010–15.

The charges include 46 counts of contravening the requirements of an environmental permit and five charges of causing poisonous / noxious / polluting matter / waste to enter controlled waters.

The company, which entered no plea, will attend the next hearing on 11 March at Maidstone Crown Court.

In a statement Southern said it “will be as open and transparent as possible,” and is committed to “cooperating to ensure a speedy conclusion and resolution of the case”.

The spokesperson added that chief executive Ian McAulay had driven thorough internal reviews of its wastewater business and is now leading a major transformation programme.

Following an investigation by Ofwat, the company was informed of the separate impending criminal proceedings by the EA in June 2019.

Ofwat fined Southern £123 million for non-compliance in the sampling processes and sample reporting. In October the company was ordered to pay the amount in penalties and customer rebates following the regulator’s investigation into the company.

Southern also committed to stop any performance-related bonuses for wastewater compliance, if the company fails to meet its relevant performance commitments; also it must provide greater transparency around environmental performance – including pollution incidents and reporting.

McAulay, who joined the company in 2017, previously told Utility Week that discovering the extent of the problem was his darkest week.

He has separated out water and wastewater operations and introduced stricter controls as well as appointing a risk and compliance director.