To ask the Minister of Agriculture, Environment and Rural Affairs to detail (i) how many pollution incidents in the Glenavy River have occurred; (ii) how many of those incidents led to successful prosecutions; and (iii) the levels of fines imposed upon those prosecuted, in the last ten years.

My officials, in the Northern Ireland Environment Agency (NIEA), carried out a search of their Pollution Incidents Management System (PIMS) for the information that you have requested. The PIMS database holds water pollution data back to 2012. From 1 January 2012 to date there have been 43 confirmed water pollution incidents within the Glenavy River Catchment. To help visualise the area within which these water pollution incidents occurred, a map of the Glenavy River Catchment, is presented at Annex 1.

The NIEA investigations result in the classification of each of these water pollution incidents according to their environmental impact. Of the 43 confirmed water pollution incidents from 2012 to date, two were classified as having a high severity impact, five were classified as having a medium severity impact and 36 were classified as having a low severity impact. The water pollution incidents from 2012-19 are presented in Annex 2 which shows both the source of the pollution and the impact severity.

Water pollution incidents are offences under the Water (NI) Order 1999 and NIEA will normally aim to take formal enforcement against an alleged polluter (in line with the NIEA enforcement policy) for incidents that are of a high or medium severity environmental impact and if a suspected polluter can be identified from investigation.

You will be aware of the recent high severity fish kill earlier this month. I can confirm that the investigation into this incident is still ongoing with a view to presenting a case to the Public Prosecution Service (PPS) who in turn will initiate proceedings if they consider that the evidence is sufficient. This was the only confirmed case so far in 2020.

With regard to the other high severity incident and the five medium severity incidents confirmed in the Glenavy River catchment between 2012 and the end of 2019, the enforcement outcomes are detailed below.

The high severity incident that occurred in 2014 led to a major fish kill and as a result of their investigation NIEA prepared a file for the PPS. Following the PPS decision to prosecute, the case was heard in Antrim Magistrate’s Court on 25 June 2015. In this case the court imposed a formal caution on the alleged polluter and also directed that the Glenavy Conservation and Angling Club were recompensed by the offender for their losses. The offender accepted the formal caution, thereby accepting responsibility for the incident, and paid £1500 to the club. No fine was levied by the court.

Of the five medium severity water pollution incidents, two of these were linked by location and a formal warning letter, issued under the Water (NI) Order 1999, was issued to the alleged polluter. NIEA costs of £450.04 were recovered from the alleged polluter through that warning letter.

The third medium severity water pollution incident related to an oil spill at a farm in the catchment. This incident was investigated by both NIEA and the PSNI and from those investigations, the discharge was determined to have been as a result of an oil theft by persons unknown. Given the circumstances, no formal enforcement was possible as the farm owner was deemed not to be responsible and the thieves were never identified.

In the case of the fourth medium severity water pollution incident, the industrial company that was alleged to have caused the pollution committed to a very significant capital spend on their site to improve their operations and to minimise the risk of a similar incident recurring. NIEA monitored the site in the subsequent months to ensure that the works were carried out appropriately. As a result no formal enforcement action was taken.

In respect of the fifth medium severity incident, no polluter was identified from investigations, so no formal action could be taken.

As also stated, 36 water pollution incidents in the Glenavy River Catchment were classified as having a low severity environmental impact. These low severity incidents were confirmed, from investigation, to come from discharges related to a range of sources e.g. farms, Northern Ireland Water infrastructure, domestic septic tanks and domestic oil tanks. NIEA does not normally seek to take formal enforcement action in respect of incidents that have a low severity environmental impact. However, all of these low severity incidents were investigated and where required, actions were taken by NIEA to stop any further discharge, mitigate its impact and to minimise the risk of recurrence. In respect of the 36 low severity incidents, no polluter was identified in 15 of the investigations.

I trust you find this information useful, however, please do not hesitate to contact me again should you require anything further.

Annex 1: Glenavy River Catchment (46 km2)

Annex 2: Glenavy River Catchment – Water Pollution Incidents 2012 – 2019 (Source/Severity)