Member

439: After Clause 213, insert the following new Clause— “Offence of failing to meet pollution performance commitment levels(1) A water or water and sewerage company (“C”) commits an offence where C has— (a) failed to meet its pollution performance commitment level for three consecutive years, or(b) experienced an increase in serious pollution levels for three consecutive years.(2) For the purposes of this section—“water or water and sewerage company” means companies which are responsible for the provision of water, or water and sewerage, services and which are regulated by Ofwat and the Environment Agency;“pollution performance commitment level” means the level of performance on pollution that the company has committed to deliver, and which is reported against by Ofwat in its annual water company performance report;“total pollution incidents per 10,000km²” and “serious pollution incidents” mean the relevant figures under those headings reported by the Environment Agency in its annual environmental performance report.(3) If guilty of an offence under this section, C is liable—(a) on summary conviction, to a fine;(b) on conviction on indictment, to a fine.”Member’s explanatory statement This new clause creates an offence of failing to meet pollution performance commitment levels.