Four former employees from Southern Water, including the former Chief Executive Officer Matthew Wright, face a charge of conspiracy to defraud.
The Administrative Court has today handed down a significant judgment confirming the Environment Agency's powers to prosecute former employees of Southern Water.
Four former employees from Southern Water, including the former Chief Executive Officer Matthew Wright, face a charge of conspiracy to defraud.
It is alleged that between 1 January 2012 and 31 December 2017 the individuals conspired to defraud the Environment Agency and Ofwat by the implementation of artificial no-flow events at waste water treatment works operated by Southern Water to manipulate the Operator Self-Monitoring (OSM) compliance testing regime.
Conspiracy to defraud is a common law offence carrying a maximum sentence of 10 years' imprisonment. The case will now proceed before the Medway Magistrates Court.
OSM was introduced for the water industry in 2009 and requires water companies to take samples at their wastewater treatment works and report the results to the Environment Agency. Strict rules govern how samples must be taken to ensure their independence and accuracy. It is an offence if there is evidence that flows or data are deliberately manipulated to avoid compliance checks.
Southern Water will separately face charges of breaching environmental permits linked to the same conduct. Three further individuals will also face charges linked to failure to comply with environmental permits.
An Environment Agency spokesperson said:
We can confirm that we are taking criminal proceedings against Southern Water Services Limited and a number of former employees.
We take our responsibility to protect the environment very seriously and will always pursue and prosecute those alleged to have committed serious offending against the environment. We welcome this important judgment.
