New unlimited financial penalties for pollution incidents

Unlimited penalties have been introduced for companies and individuals who pollute the environment
Unlimited penalties have been introduced for companies and individuals who pollute the environment

Farming businesses which pollute the environment could be hit with unlimited financial penalties from the Environment Agency from today.

The previous £250,000 cap on variable monetary penalties (VMPs) has now been scrapped and the range of offences they cover has been expanded.

This includes illegal discharges to water where there is no permit, such as in the event of agricultural pollution from slurry stores.

Illegal waste offences, such as from illegal scrapyards or unpermitted waste management facilities, is also covered, among others.

The changes, which follow a consultation in spring 2023, affect all firms that have environmental permits, including water and waste companies as well as the agricultural sector.

Defra said penalties issued will be proportionate to the size of the company and the nature of the offence, in line with Sentencing Council guidelines.

Defra Secretary Steve Barclay said: “By lifting the cap on these sanctions, we are simultaneously toughening our enforcement tools and expanding where regulators can use them.

"These changes will deliver a proportionate punishment for operators that breach their permits and cause pollution.

“Through the launch of the Water Restoration Fund, the money raised from penalties imposed on water companies will go towards restoring and protecting our waters.

"This is part of the increased investment, stronger regulation and tougher enforcement we are delivering through our Plan for Water.”

VMPs are designed to act as a punishment and deterrent for breaches of legislation, including environmental permits, and will be used following an investigation when it is not in the public interest to prosecute.

The most serious breaches of the law will continue to be subject to criminal proceedings.

Environment Agency Executive Director John Leyland said: “These new powers will allow us to deliver more penalties and help us to continue to hold polluters, including water companies, to account.

“The threat of uncapped financial penalties should boost compliance with environmental laws – helping us provide stronger protection to the environment, communities and nature.”