AN ENVIRONMENTAL organisation is prosecuting Southern Water for pollution leaking into the River Test, after years without a solution.
Fish Legal served a summons on the utility company last week regarding pollution entering the chalk stream from an outfall operated by Southern Water at Nursling Industrial Estate.
The Test is one of around 200 chalk streams in the world and is a site of Special Scientific Interest supporting Atlantic salmon, otters, water voles, brook lamprey, and bullhead.
The section between Romsey and the estuary, the focus of the criminal case, is currently classed as “unfavourable” due to polluting discharges.
The legal action follows diesel pollution over the last two years which Southern Water claims its teams "quickly" dealt with, working with other organisations to protect the river.
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Chair of Fish Legal, George Graham, said: “After years without effective action by the Environment Agency, we have been forced to take a private prosecution to protect this precious chalk stream. Both the water company and regulator are fully aware of the persistent pollution coming from this outfall. We cannot stand by any longer and wait for them to act.
“Ordinarily we use the civil law to take legal action against polluters on behalf of our angler members. However, in this case, we have taken the unusual step of going through the criminal courts.”
Head of practice, Penelope Gane, said: “Southern Water is bottom of the league for total pollution incidents in recently published Environment Agency environmental performance reports. In bringing this case, our aim is to stop Southern Water from polluting the River Test. It is that simple.”
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A spokesperson for Southern Water said: “In June 2021, we were made aware of a release of diesel in the area of the Nursling Industrial Estate that escaped into the Little River Test.
"Our teams worked quickly, and with other agencies, to protect the watercourse and surrounding environment. An Environment Agency investigation into the cause of the incident and the identity of the polluters is ongoing.”
Southern Water has been summoned to appear on September 28 before the West Hampshire Magistrates’ Court at 100 The Avenue, Southampton SO17 1EY.
Fish Legal is a not-for-profit organisation of lawyers who represent anglers in their fight against polluters and others who damage the water environment.
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