Peter Cruickshank represents business charged with significant river pollution in breach of the Environmental Permitting Regulations
October 25, 2024

In September 2017, the Environment Agency were alerted after reports by members of the public of cloudy water and dead fish in the Laugherne Brook, near Worcester.
Civil and Environmental Project Services Limited (“CEPS”) operated a pumping station at a nearby factory, belonging to Elisabeth the Chef, a baker. The pumping station was designed to filter trade effluent and sewerage from the factory, leaving filtered liquid to go into the sewerage mains, and the rest for disposal. The Environment Agency found that an alarm at the pumping station was displaying, and the containment lagoon designed to catch any excess in case of the failure of the pumping station was full. A sluice gate ran from the lagoon to the Laugherne Brook. It became clear that the liquid in the containment lagoon had passed beyond the sluice gate.
Laugherne Brook ran on down into the River Teme in Worcester. It was later determined that pollution had caused the deaths of hundreds of fish, including brown trout, Bullhead, Dace and Gudgeon. The Environment Agency characterised the incident as having a “significant” adverse impact on the local biodiversity. It transpired that one of CEPS’ engineers had turned the pumps off during part of a routine service, but failed to turn them back on again. Accordingly, without the pumps working, the effluent and sewerage simply passed directly into the containment lagoon and from there escaped into the brook.
Both CEPS and Elisabeth the Chef were prosecuted by the Environment Agency, charged with an offence contrary to Regulation 38(1)(a) and 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016, namely discharging polluting trade effluent without an environmental permit.
Both Defendants pleaded guilty. Peter Cruickshank represented CEPS at sentence on 24 October 2024 before HHJ Burbidge KC, the Recorder of Worcester. CEPS was fined £4,000 with costs payable of £20,000. Elisabeth the Chef was fined £18,000 with costs payable of £52,000.