EA launches criminal case against Southern Water

The Environment Agency (EA) has announced the commencement of criminal proceedings against four former employees of Southern Water, including the company’s ex-Chief Executive Officer, Matthew Wright. Each individual faces a charge of conspiracy to defraud. The Administrative Court has affirmed the Agency's authority to bring such prosecutions, marking a significant judgment in environmental enforcement.

The allegations indicate that between 1 January 2012 and 31 December 2017, the accused conspired to deceive both the Environment Agency and Ofwat. This purported deception involved the manipulation of artificial no-flow events at wastewater treatment facilities operated by Southern Water, aimed at altering the Operator Self-Monitoring (OSM) compliance testing regime. A charge of conspiracy to defraud is a serious common law offense that carries a maximum penalty of 10 years in prison. The case is set to be heard in the Medway Magistrates Court.

The OSM programme, launched in 2009, obligates water companies to take samples from their wastewater treatment plants and report the findings to the Environment Agency. This framework encompasses stringent regulations designed to guarantee the independence and accuracy of the sampling process. Manipulating data or flow levels to evade compliance checks is a criminal offence.

In addition to the individual charges against its former personnel, Southern Water will also face accusations related to breaches of environmental permits stemming from the same misconduct. Furthermore, three additional individuals are under scrutiny for failing to adhere to environmental regulations.

An Environment Agency spokesperson confirmed, "We can confirm that we are taking criminal proceedings against Southern Water Services Limited and a number of former employees. We take our responsibility to protect the environment very seriously and will always pursue and prosecute those alleged to have committed serious offending against the environment. We welcome this important judgment."