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Environment Agency accepts enforcement undertakings: 10 September 2021 to 31, December 2021

Environment Agency accepts enforcement undertakings: 10 September 2021 to 31, December 2021

1. Our approach to enforcement obligations (EUs)

An EUAn offender may make a voluntary offer to:

  • Repare the harm done to them
  • Correct the impact on third parties
  • Make sure that the offense does not happen again

Accepting the offer becomes a legally binding contract between us and the business/person who made it. We will accept an offer only if it is in our best interest. EUWhere:

  • Prosecution is not in the public’s best interest
  • The offer addresses both the cause and the effect of the offense.
  • The offer protects, restores, or enhances England’s natural capital.

Check out how we decide whether to accept an EUFor less serious offenses

This list contains details about EUsAccepted by the Environment Agency between 10 and 31 September 2021. It could include EUsWe have never published before.

2. Regulations 2010/2016 for Environmental Permitting (England, Wales)

2.1 T Balfe Construction Limited, reference 482)

It was operating without an Environmental Permit for a Water Discharge Activity Regulation 38(1). It concerns silage effluent pollution that occurred on a watercourse near Holdingham Biogas Plant in Sleaford (Lincolnshire) in January 2016.

This was a reactive offer. The offeror took or will take the following actions:

  • Perform remedial or improvement work
  • Implement new operation and maintenance guidelines
  • Perform water quality monitoring
  • Submit water quality monitoring reporting
  • Update your safety and health policy document
  • Update its policies and presentation
  • The Environment Agency costs should be covered

They will contribute 25,000 towards Lincolnshire Wildlife Trust

2.2 Suez UK Environment Limited (reference 577)

Failure to comply with permit conditions for installation Regulation 38(2) was the offense. It concerns the failure to control odour emissions at Path Head Landfill Site in Gateshead, on different dates between October 2015 to May 2016.

This was a reactive offer. The offeror took or will take the following actions:

  • Permanently cap the site
  • Implement an odour control and surface water action plan
  • Complete the gas action plans
  • Update the gas action plan
  • Apply to modify the environmental permit
  • The Environment Agency costs should be covered

They will contribute 75,000:

  • Durham Wildlife Trust: 35,000
  • 10,000 to Tyne Rivers Trust
  • Brighten Ryton Local Environment Group, 11,225
  • 11,225 to Stargate & Crookhill Community Centre
  • 5,000 to Our Villages Crawcrook, Greenside CIO
  • 2,550 to Ryton Infant and Junior School Federation

2.3 Severn Trent Water Limited, (reference 638).

Failure to comply with water discharge activity Regulation 38(2) was the offense. It is related to an unauthorised sewerage discharge and pollution incident at Tuffley Brook, Gloucester, in December 2017.

This was a reactive offer. The offeror took or will take the following actions:

  • Install a telemetry monitoring device on the sewer
  • The Environment Agency costs should be covered

They will contribute 112,000 to Gloucestershire Wildlife Trust

2.4 Yorkshire Water Services Limited (reference 653)

The offences were:

  • Operation without or in compliance with an environmental permit to a water discharge activity Regulation 38(1)
  • Failure to comply with permit conditions for water discharge activities Regulation 38(2)

It concerns an unauthorised sewer discharge from Garforth storm water tanks and a pollution incident at Kippax Beck (Leeds) in November 2018.

This was a reactive offer. The offeror took or will take the following actions:

  • Equipment and machinery can be replaced
  • Perform a review of alarm setpoints
  • Perform site repairs
  • Do an environmental survey
  • The Environment Agency costs should be covered

They will contribute 300,000.

2.5 Severn Trent Water Limited, (reference 689)

The offences were:

  • Operation without an environmental permit or in violation of Regulation 38(1)
  • Failure to comply with permit conditions for water discharge activities Regulation 38(2)

It involves an unauthorised detergent discharge by Buxton Sewage Treatment Works as well as a pollution incident in River Wye, Buxton at various dates between June 2018-August 2018.

This was a reactive offer. The offeror took or will take the following actions:

  • Increase the number and frequency of annual sampling visits
  • Create an action plan to react to similar events
  • Renovate the pumping station that was involved in the incident
  • Compensation payments to impacted parties
  • The Environment Agency costs should be covered

They will contribute 270,000 dollars to Derbyshire Wildlife Trust

2.6 Northumbrian Water Limited, (reference 719).

It was not operating in accordance to Regulation 38(1) for an environmental permit for water discharge activities. It concerns an unauthorised sewage release from Horsley Water Treatment Works, and a pollution incident at Kittys Burn in Horsley, Near Newcastle upon Tyne, November 2018.

This was a reactive offer. The offeror took or will take the following actions:

  • Stop the activity that caused the incident
  • Clean up and sampling
  • To create a site drainage map, you will need to conduct investigation.
  • Develop operating procedures for all sites similar
  • Upgrade the site
  • New machinery is needed to improve the site’s efficiency
  • The Environment Agency costs should be covered

They will contribute 165,000 towards Tyne Rivers Trust

2.7 Nu-Form Fire UK Limited (reference 721)

It was not operating in accordance to Regulation 38(1) for an environmental permit for water discharge activities. It refers to an unauthorised diesel release and pollution incident at Stalybridge’s River Tame in January 2020.

This was a reactive offer. The offeror took or will take the following actions:

  • Retrain its service technicians
  • Take internal disciplinary action
  • Issue corrective action reports
  • The Environment Agency costs should be covered

They will contribute 3,000 to Mersey Rivers Trust

2.8 Thomas Armstrong (Concrete Blocks Limited, reference 789)

The offence was committed when the discharge activity was not in compliance with Regulation 38(1). It refers to unauthorised sewage discharge or pollution incident in a watercourse at Rowlands Gill. Gateshead between November 2018 and July 2018.

This was a reactive offer. The offeror took or will take the following actions:

  • Make site improvements
  • Perform remediation work on the site
  • The Environment Agency costs should be covered

They will contribute 30,000 towards Tyne Rivers Trust

2.9 FKB Limited (reference: 792)

The offence was not operating in accordance to Regulation 38(1) for an environmental permit for water discharge activities. It concerns silage effluent pollution that occurred on a watercourse near Holdingham Biogas Plant in Sleaford (Lincolnshire) in January 2016.

This was a reactive offer. The offeror took or will take the following actions:

  • Accept improvement and remedial work
  • Follow the maintenance guidance
  • Water quality monitoring must be observed
  • Respect water quality monitoring reports
  • Improve its environmental management system and use the best available techniques
  • The Environment Agency costs should be covered

They will contribute 25,000 towards Lincolnshire Wildlife Trust

2.10 R Gough & Sons (reference 819)

It was not operating in accordance to Regulation 38(1) for an environmental permit for water discharge activities. It concerns an incident of silage effluent polluting Fishmore Brook in Ludlow in Oct 2020.

This was a reactive offer. The offeror took or will take the following actions:

  • Take out the field clamp and block all land drains.
  • Do thorough risk assessments
  • Improve notification procedure for field clamps in the future
  • The Environment Agency costs should be covered

They will contribute 800 pounds to Shropshire Wildlife Trust

3. Producer Responsibility Obligations (Packaging Materials) Regulations 2007 (as amend)

3.1 Actionpoint Group Limited (reference 449)

The offenses were committed when the:

See Also

  • Register Regulation 40(1)
  • Take reasonable steps for the recovery and recycling of packaging waste Regulation 40(1) (b)

They refer to the failure to comply between 2013 and 2015.

This was a proactive offering. The offeror has taken or will continue to take the following actions

  • Register with Toddpak Compliance Scheme
  • Improve the management system
  • Make a quality instruction
  • appoint a responsible person
  • The Environment Agency costs should be covered

They will contribute 3,150:

  • 1,575 to Marine Conservation Society
  • 1,575 to Keep Britain Tidy

3.2 Pro-Direct Group Limited, reference 643)

The offences were not:

  • Register Regulation 40(1)
  • Take reasonable steps for the recovery and recycling of packaging waste Regulation 40(1) (b)

They are related to non-compliance between 2009 and 2018.

This was a reactive offer. The offeror took or will take the following actions:

  • Register with Ecosurety Compliance Scheme
  • Implement a new compliance system
  • Training for staff
  • Introduce a new weighing method
  • The Environment Agency costs should be covered

They will contribute 19,906.21 towards Devon Wildlife Trust

3.3 Fonthill Waters Limited (reference 783).

The offences were not:

  • Register Regulation 40(1)
  • Take reasonable steps for the recovery and recycling of packaging waste Regulation 40(1) (b)

They are related to non-compliance from 2017 to 2019.

This was a proactive offering. The offeror has taken or will continue to take the following actions

  • Register with Comply Direct Compliance scheme
  • Ensure that the management team is in control
  • appoint a responsible person
  • Revisit its internal work procedures
  • Implement new procedures for signing off company directors
  • Implement a new method
  • The Environment Agency costs should be covered

They will contribute 46.119.14

  • 23.059.57 to Yorkshire Dales Millennium Trust
  • Freshwater Habitats Trust, 23,059.57

3.4 Trafalgar Scientific Limited (reference 805).

The offenses were committed when the:

  • Register Regulation 40(1)
  • Take reasonable steps for the recovery and recycling of packaging waste Regulation 40(1) (b)

They refer to failure to comply between 2012 and 2020.

This was a proactive offering. The offeror has taken or will continue to take the following actions

  • Register with Kite compliance scheme
  • appoint a responsible person
  • implement a new written methodology
  • Conduct regular reviews at Board meetings
  • The Environment Agency costs should be covered

They will contribute 17,600 dollars to The Bradgate Park & Swithland Wood Charity.

4. Regulations 2001 on Control of Pollution (Oil Storage).

4.1 Choicetime Limited (reference 346)

It was a violation of Regulation 9 regarding oil storage regulations. It refers to the storage and disposal of oil at Rickmansworth and Near Watford during the period March 2012 to January 2013.

This was a reactive offer. The offeror took or will take the following actions:

  • Replace the heating system.
  • Implement an environmental compliance program
  • Perform restoration and investigation work
  • Perform remediation and monitoring work
  • The Environment Agency costs should be covered

They will contribute 25,000 towards Chilterns Conservation Board

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