The Environment Agency has accepted an Enforcement Undertaking (EU) from Reckitt Benckiser (UK) Ltd to address a breach of environmental legislation following a trade effluent leak which led to the death of almost 400 fish.

East Mercia Rivers Trust has received £150,000 to fund habitat restoration on the upper River Witham in Lincolnshire

The Agency said both the environment and rivers will benefit from the Environment Agency’s response to the company’s breach of Environmental Permitting Regulations

The payment is part of an EU offered by the company for a leak of aerosol production trade effluent from its site on Sinfin Lane, Derby. The pollution occurred on 12 August 2021 into the Cuttle Brook as it flowed through Sinfin golf course.

Reckitt Benckiser is the producer of household cleaning products, healthcare products and infant/child nutrition products. The EU occurred because of a discharge that led to the death of 371 dead bullheads and 10 sticklebacks. It also caused a prolific growth of sewage fungus and perfumed odour to the brook.

The effluent was found to be seeping out of the bank of the brook within the site. It also resulted in low oxygen levels and was 130 times more polluting than untreated sewage. The company took prompt action to stop the polluting discharge and investigate the cause. The discharge had stopped by the following day.

In addition to the donation, Reckitt Benckiser has spent £300,000 to prevent any recurrence of the pollution incident and paid the Environment Agency’s costs of over £10,000.

Paul Chambers, Environment Officer for the Environment Agency said:

“Enforcement Undertakings allow polluters to positively address and restore the harm caused to the environment and prevent repeat incidents.

“The Environment Agency will consider acceptance of Enforcement Undertakings submitted for suitable cases to restore the environment, improve practices of the offending company and avoid longer criminal court cases. However, we will prosecute in appropriate cases.

“As well as donations totalling £150,000 to East Mercia Rivers Trust that will bring great benefits to the environment, Reckitt Benckiser has made significant improvements to the Sinfin Lane site drainage system, and particularly its trade effluent pipework.”

Rachel Butler, Executive Director at East Mercia Rivers Trust said:

“The donation from Reckitt Benckiser has directly contributed towards a major river restoration project as part of East Mercia River Trust’s ambition to restore the Upper Witham landscape at scale.

“An important limestone river, this watercourse forms the headwaters of the Witham catchment and is home to white-clawed crayfish and brown trout amongst other native flora and fauna.

“Nationally, of the estimated original 2 million hectares of functional, wetland, lowland floodplain only 3000 hectares remained by 2015.”

Enforcement Undertakings for environmental offences were introduced under the Environmental Civil Sanctions (England) Order 2010 and the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 as an alternative sanction to prosecution or monetary penalty for dealing with certain environmental offences.  

EUs can be offered for offences including polluting rivers, breaching permit conditions designed to protect communities, or failing to register and comply with recycling/recovery obligations. The Environment Agency then carefully considers whether the actions offered by the offender are acceptable.