This mechanism has been around for a number of years, and the Environment Agency report on the use of this annually. The example below of Anglian Water shows how this works.
EA ‘Environment Agency approach to enforcement undertakings (EUs)
An EU is a voluntary offer made by an offender to:
- put right the effects of their offending
- put right the impact on third parties
- make sure the offence cannot happen again
If we accept the offer it becomes a legally binding agreement between us and the business or person who makes the offer. We will only consider accepting an EU for cases where:
- it is not in the public interest to prosecute
- the offer itself addresses the cause and effect of the offending
- the offer protects, restores or enhances the natural capital of England
See how we decide whether to accept an EU for less serious offending.
This list shows details of EUs accepted by the Environment Agency between 1 October 2020 and 31 March 2021. It may include EUs we have not published before.
Anglian Water pays out £100,000 to charity for 2 water pollutions
Anglian Water has paid out £100,000 under an Enforcement Undertaking to two environmental charities after breaching the Salmon and Freshwater Fisheries Act 1975.
The two pollution incidents were caused by burst water mains discharging water contaminated with sediment in 2016. The first took place in May at Billing Brook, Northampton and the second in July at Willow Brook, Corby.
After investigating, Environment Agency officers found that Anglian Water had discharged matter or effluent that is poisonous or injurious to fish, spawn, spawning areas or food of fish.
The company submitted an Enforcement Undertaking agreeing to take steps to ensure similar incidents would not happen again and offered to pay £100,000 to charity.
An Enforcement Undertaking is a type of civil sanction a voluntary offer by an offender to put right the effects of their offending -it is not an admission of guilt. The Environment Agency may accept an Enforcement Undertaking where it has reasonable grounds to suspect that the person offering the undertaking has committed an offence.
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