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Scottish Water served £6,000 civil penalty for polluting Dunfermline burn

The Variable Monetary penalty (VMP) was issued by the Scottish Environment Protection Agency (SEPA) following an investigation by officers. The water company were also required to pay SEPA costs of £1,800. 

SEPA received notification from a member of the public on 11th July 2022 of pollution in the Crossford Burn in Dunfermline. When SEPA officers attended the next day, they observed a discharge, later confirmed to be untreated sewage, from a surface water outfall, which was flowing to the Crossford Burn. There was a significant growth of sewage fungus and discolouration of the burn. Officers also experienced odour at the burn. Water samples were taken.  

On 14th July 2022, SEPA officers and ecologists visited the burn again - the polluting discharge was still occurring.  Further water samples were taken, and an ecology survey confirmed the presence of dead invertebrates and fish, extensive sewage fungus and continued discolouration of the watercourse.  Analysis of the samples showed elevated levels of ammonia, biochemical oxygen demand, chemical oxygen demand and reactive phosphorous, –indicative of untreated sewage. 

SEPA received notification from Scottish Water on 15th July 2022 that a blockage and collapse within the combined sewer network had caused sewage to enter the surface water drainage network, which then discharged to the Crossford Burn. On 26th July 2022, the water company confirmed in writing that there had been difficulty in accessing the sewer network to identify and begin the necessary repairs, but repairs were complete and the discharge had stopped.  

The discharge of untreated sewage was a breach of Scottish Water’s licence, as it caused significant discolouration of the Crossford Burn, and it also caused a significant growth of sewage fungus in the burn.  Scottish Water experienced difficulties with accessing seized manhole covers, which contributed to the delays in accessing the sewer network and also in tracing the root cause of the discharge.  However, these delays exacerbated the effects of the pollution, and Scottish Water failed to take all practicable steps to prevent deterioration of the Crossford Burn.  

Ashley Clunie, SEPA Unit Manager for Fife, Angus and Dundee, said: 

“While we accept that there was a blockage and collapse in the sewer network, the length of time this spill went on for, and the impact it had on the environment was unacceptable. This civil penalty has been served in order to change behaviour and drive improvements in Scottish Water processes, in particular ensuring timely responses to pollution incidents. 

“The penalty imposed, plus payment of our costs, demonstrates our commitment to protecting Scotland’s water environment and ensuring accountability when operators fail to comply with regulations designed to protect our environment.” 

Civil Penalties

VMPs are discretionary financial penalties which SEPA can impose for a relevant offence following an appropriate investigation. They sit alongside other enforcement tools available to SEPA staff, including advice and guidance, final warning letters, statutory enforcement notices, other civil penalties, including Fixed Monetary Penalties (FMPs) and reports to the Procurator Fiscal.  

SEPA’s enforcement action is designed to secure compliance with regulatory requirements, protecting and improving the environment. It aims to bring activity under regulatory control, stop offending, stop harm or reduce the risk of harm arising from non-compliance. It is also designed to ensure restoration or remediation of harm caused by regulatory non-compliance where appropriate.  

Notes to Editors

• biochemical oxygen demand (BOD) - the amount of oxygen microbes require to decompose organic matter under aerobic conditions.  
• chemical oxygen demand (COD) - the total amount of oxygen required to break down organic matter by chemical oxidation. 

Scottish Water are liable to pay a VMP because SEPA is satisfied on the balance of probabilities that they have committed a relevant offence prescribed under the Environmental Regulation (Enforcement) Measures (Scotland) Order 2015, namely an offence under Regulation 44(1)(d) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR 2011”) in that they failed to comply with or contravened a water use licence (including any condition imposed). 

Information about Variable Monetary Penalties and Fixed Monetary penalties imposed are available on SEPA’s website at Penalties imposed and undertakings accepted 

Information on how a VMP is calculated is available on SEPA’s website. 

Variable Monetary Penalties (VMPs) cover a wide range of environmental offences, including offences under The Environmental Protection Act 1990, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and the Pollution, Prevention and Control (Scotland) Regulations 2012.