R v Forte (UK) Limited (18 June 1999) Crown Court

United Kingdom

The Environment Agency brought two charges against Forte (UK) Limited. The first charge was for causing sewage effluent to enter controlled waters, in breach of the conditions of a discharge consent, contrary to Section 85(1) and Section 85(6) of the Water Resources Act 1991. The second charge was for failing to comply with the requirements of an enforcement notice contrary to Section 90B(3) of the Water Resources Act 1991. Forte (UK) Limited held a discharge consent allowing it to discharge sewage effluent into the River Gowan. Following a number of breaches of the consent, the Environment Agency issued an enforcement notice on 7 April 1998 requiring the company to produce a written action plan to reduce the levels of suspended solids and to implement such a plan by 1 August 1998. Further breaches of the discharge consent occurred on 1 May and 9 July 1998 and furthermore, Forte had failed to comply with the enforcement notice by the date required. On 6 August 1998 samples of water revealed levels of suspended solids around 220 per cent above the limit set out in the discharge consent. Forte (UK) Limited pleaded guilty to both charges. It was fined £50,000 and ordered to pay the Environment Agency's costs of £4,400. (Environment Agency News Release, 18 June 1999)