§ Bob SpinkTo ask the Secretary of State for Environment, Food and Rural Affairs which body is responsible for(a) decontamination and (b) preventing the leachate if a closed landfill site begins to leak contaminants into the water supply or environment. [174587]
§ Mr. MorleyUnder the provisions of the Water Supply (Water Quality) Regulations 2000, enacted in January 2004, the quality of a public, potable water supply to a consumer's premises (up to the tap) is the responsibility of the relevant water undertaker for that location. This includes responsibility for decontamination.
If a closed landfill site begins to leak contaminants into the water supply in England and Wales, responsibility for the overall process of preventing the leachate is divided. The Environment Agency is responsible for 'investigating' the incident. The body (or person) who causes or knowingly permits the pollution of controlled waters is responsible for 'remedying' the pollution. The Environment Agency in turn is responsible for 'ensuring' that the body (or person) who caused or knowingly permitted the pollution takes remedial action. The Agency has powers to prosecute the perpetrator of the pollution in these circumstances.
The Drinking Water Inspectorate investigates incidents affecting drinking water quality. Local authorities are required to monitor the quality of private water supplies, namely those not provided by a water undertaker.
Responsibility for the aftercare and maintenance of closed landfill sites, including the prevention of environmental pollution, will depend on the legislation that was in force at the time the landfill site ceased operations. Sites that closed before the implementation of the Environmental Protection Act 1990 were subject to a different regime to the one currently in place.
§ Norman BakerTo ask the Secretary of State for Environment, Food and Rural Affairs pursuant to the answer to the hon. Member for Castle Point, of 24 May 2004,Official Report, column 1292W, on landfill sites, how many offences were identified for each year from 2000 to 2003; and what the (a) highest, (b) average and (c) lowest fine was in each year. [178703]
§ Mr. MorleyThe Environment Agency's data in the following table on landfill pollution charges relates 1191W to events which were categorised having a major (category 1), significant (category 2) or minor (category 3) environmental impact. No environmental
Landfill pollution charges Total charges Enforcement notices Cautions Prosecutions Total fines (£) Highest fine (£) Lowest fine (£) Average fine (£) 2000 5 0 0 15 36,000 20,000 2,000 9,000 2001 19 0 4 215 15,500 8,000 7,500 7,750 2002 20 1 5 315 103,250 15,000 6,000 10,325 2003 29 0 10 419 30,000 10,000 1,000 3,333 1 Five convictions (four fines, one conditional discharge). 2 Two convictions (both with fines), 13 acquittals. 3 10 convictions (all with fines), five acquittals. 4 15 convictions (nine fines, three absolute discharges, three no evidence offered), four acquittals.