The Guardian can reveal that the Guardian has found records of violations of legislation in England to reduce water pollution by agriculture.
Last year saw the most violations of the farm rules for water since April 2018, when it was introduced. Environmental groups estimate that there are still tens to thousands of violations by English farms.
According to data from the Guardian and Point Source, 391 breaches were discovered during the 2021-2022 financial years. This is an increase of the 106 breaches that were officially recorded in the previous year.
Despite the fact that the water farming rules were implemented over four years ago and the increasing number of violations being documented, the Environment Agency has yet not issued any fines or tried anyone in violation of the legislation.
According to conservation organisations, the growing number of crimes and the absence any credible threat of enforcement of law shows that the government has failed to protect the country’s most fragile ecosystems.
It is a mockery our democracy, and the rule of the law, if polluters don’t get prosecuted. This causes misery and huge cost for many other people and businesses, said Mark Lloyd (chief executive of Rivers Trust), a charity that works for the protection of Britain’s lakes, and waterways.
Our rivers are in terrible shape due to agricultural pollution. Ministers need to give regulators both the resources and the mandate they need to take action against persistent offenders.
The Environment Agency has the power to fine or prosecute individuals or companies that pollute waterways with contaminated water runoff or act in a manner that poses a high risk of contamination.
Fixed penalties of 100 and 300 can be issued under the legislation. Variable money penalties can also be issued, which can reach up to 250,000.
The rules were developed to combat agricultural polluting that causes widespread environmental problems in rivers.
They are responsible for the storage and distribution primarily of animal waste and fertiliser to avoid harmful pollutants from farms entering rivers that can lead to algae blooms and oxygen depletion.
According to a report released by the Environment Agency in September 2019, runoff from agricultural activities is the largest single pollutant of rivers, causing 40% of waterways’ damage.
The report found that none of the country’s rivers had achieved a high chemical status, and that only 14% had reached a good ecological standard.
Fertilizer runoff from farms can kill plants and fish, and have a knock-on effect on other wildlife that is part the ecosystem, like birds.
According to data obtained from the Guardian, there have been 2,053 Environment Agency inspections over the past two fiscal years. These inspections identified 497 violations of the water farming rules.
Environmental organizations have concluded that approximately a fifth (or 57%) of the 106,000 agricultural businesses regulated under the Environment Agency may be breaking the rules because of the high number and severity of violations.
Chief executive of Salmon and Trout Conservation Nick Measham stated: The new figures concerning the growing number of violations and the failure of sanctions enforcement are extremely concerning.
Based on our monitoring and the very low number of site visits by the Environment Agency, we believe that up to 20,000 farms in England would fail inspection if they were actually inspected.
An Environment Agency spokesperson stated that the agency seeks to provide advice and guidance to farmers to ensure compliance. Sanctions will only be imposed on farmers who repeatedly fail or refuse to take the necessary steps.
The secretary-of-state has issued new guidance about the interpretation of rules and said that if Environment Agency finds land managers have followed this guidance, he does not expect them to take enforcement action.
Conservation groups have heavily criticised the Environment Agency’s decision to not use the sanctions available to it. They claim that punishing farmers for breaking the law is having serious ecological consequences.
Alec Taylor is the head of production policy at WWF. He stated that the persistent failure to enforce these rules, not least because of the systematic underfunding the relevant regulatory bodies, is a sign of the UK’s lacklustre approach towards cleaning up England’s precious freshwater ecosystems.
The UK’s natural resources are in freefall. Ministers cannot afford to continue ignoring their responsibility to restore and protect these habitats that are home to endangered species such as allis shad and freshwater pearl mussels.
Alice Groom, senior policy officer at RSPBs, stated that the current system does not work if farmers or landowners feel that the risk of punishment is almost non-existent or that the rewards for being responsible do not exist.
Failure to improve regulation will not only affect the health of our natural environment and biodiversity but also prevent the government’s ability to meet any of its legally binding targets under Environment Act.
The Environment Act was passed in 2013. In March, Department for Environment, Food and Rural Affairs announced targets to reduce nutrient-pollution in water in England under the act.
It claimed it would cut phosphorus in treated sewer water by 80% by 2030, and reduce nitrogen,phosphorous, and sediment from agricultural land by 40% by 2037.
