The Times: Campaigners accuse water company of ‘statutory nuisance’
“Save Windermere says its action against pollution by United Utilities is a legal first and may have national ramifications
A water company has created a potentially hazardous “statutory nuisance” by releasing millions of litres of raw sewage into England’s largest lake, campaigners have alleged in a legal first.
The Save Windermere campaign says its volunteers have documented more than 100 instances of water pollution around Windermere over the past year, including condoms and tissue paper appearing in effluent bubbling up from a manhole close to the lake and spills of what appears to be raw sewage into the River Rothay, which flows into it.
The campaign has now accused United Utilities of creating a statutory nuisance by failing to clamp down on the problems.
Local councils must investigate complaints that may represent a statutory nuisance, which typically include things such as noises or fumes from machinery or factories. The body responsible can face unlimited fines until the nuisance ends.
Save Windermere believes that it is the first group to argue that sewage spills by water companies into lakes and rivers also qualify. Matt Staniek, a co-founder of the campaign, believes it could have “national ramifications” if a council investigation were to hold United Utilities accountable.”