19 February 2008 - Northern Ireland water fined £100 for polluting river

The court heard that, on 1 April 2007, an Environment and Heritage Service inspector investigated a pollution incident affecting the Colin Glen River and subsequently the River Lagan at Dunmurry. The discharge was traced to the Dunmurry Wastewater Treatment Works where he found a discharge of untreated sewage overflowing from the storm tanks during dry weather.

Environment and Heritage Service recommended that Public Prosecution Service initiate proceedings against Northern Ireland Water Ltd under the Water (NI) Order 1999, specifically under Article 7(1) “discharging polluting matter” and under Article 7(6) “contravening the conditions of the consent to discharge”.

Northern Ireland Water Ltd pleaded guilty in court in respect of both breaches. The company fined £100 plus court costs of £25. Costs of £186 were also awarded for analysis.

Notes to Editors:

1. This is Northern Ireland Water Ltd’s first conviction for causing water pollution and breach of consent conditions since their loss of “Crown Immunity” on 1 April 2007.
2. Prior to 1 April 2007, ‘crown discharges’ made by the Department for Regional Development’s Water Service, who were previously responsible for water and sewerage services within Northern Ireland, were regulated by Environment and Heritage Service (EHS) through what were termed Registered Discharge Standards. These Registered Discharge Standards were derived so as to mimic the requirements of the Water (NI) Order 1999 but discharges made by DRD Water Service were immune from prosecution as they benefited from ‘crown immunity’. However, on 1 April 2007, Registered Discharge Standards were transferred to Northern Ireland Water Ltd (NIWL) under Article 29 of the Water and Sewerage Services (2006) Order. From that date discharges made by NIWL have been regulated under Water (NI) Order 1999 Consents and NIWL are subject to enforcement, including prosecution, where the conditions of those consents are breached.
3. On 30 March 2007, under the provisions of Article 288 of the Water and Sewerage Services (2006) Order (Commencement No 1 and Transitional Provisions) Order (NI) 2007 applying Part 11 of the Water (NI) Order 1999, the Department of the Environment issued consent number 6471/2007 to make a discharge of tertiary treated wastewater into the River Lagan and settled storm wastewater into the Colin Glen River from Dunmurry Wastewater Treatment Works (WWTW). The consent was transferred to Northern Ireland Water Ltd on the 1 April 2007 under Article 29 of the Water and Sewerage Services (2006) Order (Commencement No 1 and Transitional Provisions) Order (NI) 2007. The Discharge Consent emission limits are set by the Department to protect the receiving waterway and associated habitats in line with national policy and European Directives.
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