Water pollution

Discharges of pollutants to water generally require a permit or consent and there are different types of water pollution offences depending on whether the discharges are to surface water, groundwater or public sewers. This overview sets out the main offences for water pollution and provides an introduction to the regimes that deal with the remediation of water pollution.

Discharges to surface water and groundwater

It is an offence under the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 to:

1. •

   operate a regulated facility

2. •

   cause or knowingly permit the discharge of any poisonous, noxious or polluting matter, waste matter, trade effluent or sewage effluent to surface water (water discharge activity), or

3. •

   cause or knowingly permit the discharge of a pollutant or other discharge that might lead to the input of a pollutant to groundwater (groundwater activity)

unless in accordance with an environment permit or if the discharge is exempt.

A person who breaches the prohibition on unauthorised water discharge activities or groundwater activities commits an offence punishable:

1. •

   on summary conviction in the magistrates’ court, where the offence was committed before 12 March