In the largest ever fine imposed for environmental offences in the region, South West Water has been fined more than £7.8 million in a case brought by the Environment Agency for environmental offences across Devon and Cornwall over a six-year period.
Photo: Harlyn Beach
Delivering her sentence and fining the water company £7,867,733 today at Plymouth Magistrates’ Court, District Judge Matson said that “incidents of pollution will not be tolerated”. The water company was ordered to pay £329,993 costs and £120 victim surcharge.
The Judge repeatedly found that the company’s conduct amounted to reckless failures in management systems and response to known risks.
The company had pleaded guilty at earlier court hearings to 18 charges, 17 for illegal water discharge activities and one charge for failing to take reasonable remedial measures following failure at a pumping station.
The offences took place between January 2015 and July 2021 in six locations across Cornwall and Devon: Bodmin, Harlyn, Playing Place, Polperro and Plymouth.
South West Water previously pleaded guilty to six criminal charges relating to spills at Holywell Sewage Pumping Station. These will be considered at a later date to be determined.
Hundreds of sewage spills took place over six years at popular bathing spots and some of our most sensitive habitats.
The Judge quoted South West Water’s mantra that “one pollution is too many”, and said that SWW need to make sure they carry their new mantra forward “to ensure that horrendous, very significant incidents of pollution such as these never happen again.”
On 24 August 2019, “untreated sewage gushed through the harbour wall on a bank holiday weekend” at Polperro Harbour. South West Water were fined £1.1 million for this single incident.
Despite alarms firing, the company took 10 hours to attend the incident.
Across multiple sites, the utility failed to put in place and enforce systems of environmental management as could be reasonably expected.
On 231 occasions between January 2016 and July 2021, untreated sewage was discharged onto Harlyn beach, a location popular with locals and tourists.
At the water company’s sewage works near Bodmin, there were 336 illegal spills in the seven years to March 2020.
The Judge said of this site:
“I find the fact that such a large amount of spills were not picked up on by South West Water to be significant and incredibly concerning.”
In another case, South West Water failed to provide a permanent fix for a combined sewer that entered a small stream known as Budshead Creek in the Whitleigh area in Plymouth, despite multiple formal warnings from the Environment Agency over several years. This led to two pollution incidents in August and September 2020.
The Judge found that the utility knew the pipe was precarious and yet did nothing about it for years until it collapsed in 2020 and “raw sewage spilled into the watercourse”.
Despite pleading guilty, the Judge found that South West Water, instead of being remorseful and accepting full responsibility for acts, have tried to minimise their role in the offending.
South West Water has 56 days to pay all penalties in full.
The company was previously prosecuted in 2023 for 13 charges between July 2016 and August 2020, and was fined £2.15 million.
Clarissa Newell, Area Environment Manager at the Environment Agency said:
“Hundreds of pollution incidents occurred at some of the most scenic locations in Cornwall and Devon, including bathing waters, a designated Special Area of Conservation and a priority habitat.
“South West Water have promised the public that one pollution is too many, and our officers are out every day holding them to account.
“We hope this record fine will influence a new approach for South West Water, where protecting the environment takes priority in spending decisions.”
Environment Secretary Angela Eagle said:
“This sentence sends a clear message: if water companies wilfully ignore their obligations, they will face the full consequences of their actions.
“For six years, South West Water repeatedly broke the law, polluting our most visited and loved beaches. Communities across Devon and Cornwall deserve better.
“That’s why we’re overhauling the water system to give the public control, with tougher regulation, stronger enforcement and greater accountability, so water companies deliver for customers and the environment.”
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