Enforcement undertakings

In the event of a pollution incident, we believe that, where deemed the right course of action by the Environment Agency, Enforcement Undertakings can offer better outcomes for the environment than other options such as criminal prosecution.

As an environmental charity committed to restoring the health and function of our rivers, advocating for the reduction of all types of pollution is at the heart of what we do.

We are clear that all companies, individuals, and industries carrying out potentially polluting activities must comply with all relevant legislation, regulation and permits to reduce the risk of harm to the environment. We expect their full cooperation with the environmental regulators, the Environment Agency and Natural England.

Unfortunately, pollution incidents will happen. This can cause damage to our rivers and the fragile ecosystems that they support. In the event of a pollution incident, we expect the organisations or individuals responsible to engage pro-actively with the environmental regulators, to be transparent about the incident in order to mitigate promptly the adverse effects and to reduce the risk of future incidents.

In England, the Environment Agency has multiple different methods of holding those responsible for pollution to account, including criminal prosecution and various civil sanctions, of which one option is Enforcement Undertakings. The Environment Agency’s Enforcement and Sanctions Policy sets out their approach to deciding which enforcement option is appropriate in each case.

Enforcement Undertakings

An Enforcement Undertaking is a voluntary offer made by an organisation or individual responsible for a pollution incident to put right the effects of that incident and make sure it cannot happen again.

It is the Environment Agency’s responsibility to decide when they will or will not accept an offer. The full detail of their approach is set out in their Enforcement and Sanctions Policy, but in general an Enforcement Undertaking is more likely to be used in the case of less serious incidents, incidents that are not recurring, where offers are made early and proactively, and where there is a high level of confidence that the offer will be complied with and polluters will take action to prevent recurrence.

If an Enforcement Undertaking offer is accepted by the environmental regulator, actioned within agreed timescales, and delivers the agreed outputs, then the regulator can no longer prosecute the original offence or pursue another civil sanction, nor can the public start private proceedings.

Our stance on Enforcement Undertakings

In the event of a pollution incident, we believe that, where deemed the right course of action by the Environment Agency, Enforcement Undertakings can offer better outcomes for the environment than other options such as criminal prosecution. This is because the Enforcement Undertaking process enables direct environmental interventions to be implemented along a quicker timescale than possible through lengthy court proceedings. This ensures funds for environmental restoration and improvement are mobilised promptly, ensuring that habitats and species get the help they need as soon as possible.

The shorter timescales involved in the Enforcement Undertakings process also benefits the Environment Agency and the offending party, reducing costs and time for both. A successful Enforcement Undertaking offer, particularly when made proactively, can demonstrate that the offender is prepared to be held accountable and is willing to make amends.

Furthermore, these interventions should be specifically designed to address the effects of the pollution incident and address the needs of communities affected by the incident, ensuring that the enforcement process is directly linked to the offence.

We are clear that Enforcement Undertakings must only be used for evidence-based, high-quality and locally appropriate interventions. We check our activities against the recommendations set out in this 2024 report on the use of Enforcement Undertakings to deal with water pollution offences to ensure that action taken as the result of an EU remedy damage caused and polluters are paying for damage caused.

It is critical that Enforcement Undertakings are targeted in the most efficient way. Therefore, The Rivers Trust offers a brokering service between business and those who are best placed to deliver the environmental mitigation. We will be the primary point of contact with businesses wishing to use this service, which would encompass the following:

• Upon receiving a request from a business, The Rivers Trust will match the location of the pollution event with the local Rivers Trust or Catchment Based Approach (CaBA) partner best placed to respond.
  
• The Rivers Trust will liaise with the local Trust/CaBA partnership host to develop a project concept which would be suitable for an Enforcement Undertaking Offer.
  
• Upon acceptance of the Enforcement Undertaking Offer, The Rivers Trust can coordinate with the local Trust or partner in order to facilitate implementation of the project and monitoring and reporting as required.