Southern Water has secured convictions of a company illegally taking water from its network after an operation by the Network Connection Enforcement Team caught workers filling a tanker using an unauthorised standpipe.
This is the first time the company has prosecuted for this offence under the Water Industry Act.
The firm, FM Conway Ltd has a track record for such offences against water companies including convictions for using a Thames Water hydrant, and has previously unlawfully connected to Southern Water hydrants on a dozen occasions.
The company faced charges under the Water Industry Act, received a 24-month Conditional Discharge and was ordered to pay £1,000 in costs to Southern Water and A Victim Surcharge of £22.
“Companies are allowed to connect to hydrants to take water from our network only using our approved metered standpipes, only if they pay for what they take and only in accordance with conditions, such as only connecting to authorised designated hydrants and where required at certain off peak times,” said Mark Saywell, Network Connections Manager at Southern Water.
“We repeatedly engaged with FM Conway but they continued to take water without following the correct process. This is not only extremely disappointing but it can – and on at least one occasion did – affect the quality of water our customers receive.”
After FM Conway workers were caught taking water on several occasions the company provided its workers with a mobile phone ‘app’ to use before attempting any connection.
But a sharp eyed Southern Water Network Investigator saw an FM Conway tanker connecting to a standpipe which was the wrong colour making it clear this was equipment belonging to South East Water.
After taking photographs for evidence he challenged the Conway employee and was told “We’ve got an app, but I can’t always be bothered to use it.”
“Legal action is always a last resort but those who take water without permission should know we can and will seek justice,” Mark Saywell said.
Notes to Editors:
Southern Water has two Network Enforcement Teams. The Network Enforcement and Protection Team track down businesses persistently disposing of fat oil and grease down sewers which can lead to fatbergs or other abusive practices. The Water Network Demand - Network Connections Team track down companies such as FM Conway above which take water in an illegal way and put the water quality at risk
21 September 2020
On 21 September 2020 a representative of FM Conway Limited was observed by a SWS representative having connected a Thames Water standpipe to a fire hydrant at Livingstone Road, Crawley, without the relevant authorisation from SWS. The offences which FM Conway Ltd pleaded guilty to are:
- On or about 21 September 2020 F M Conway Limited, without the consent of the water undertaker, namely Southern Water Services Limited, attached an apparatus, namely a standpipe, to a water main at Livingstone Road, Crawley (Contrary to s. 174 (3) (a) (i) of the Water Industry Act 1991).
- On or about 21 September 2020 F M Conway Limited, without the consent of the water undertaker, namely Southern Water Services Limited, intentionally interfered with apparatus, namely a fire hydrant, belonging to Southern Water Services Limited, at Livingstone Road, Crawley (Contrary to s. 174 (1) (a) of the Water Industry Act 1991)
5 March 2021
On 5 March 2021 a representative of FM Conway Limited was observed by a SWS representative having connected a South East Water standpipe to a washout hydrant located at Springhead Enterprise Park, Springhead Road, Northfleet, Gravesend. This connection was unauthorised in two ways - the first as it was a South East Water Standpipe being used in a Southern Water area and the second being it was connected during peak times, when this washout hydrant only allowed connections during specific off-peak hours. The offences which FM Conway Ltd pleaded guilty to alleged are:-
- On 05 March 2021 FM Conway Limited, without the consent of the water undertaker, namely Southern Water Services Limited, attached an apparatus, namely a standpipe, to a water main at Springhead Road, Northfleet, Gravesend, Kent (Contrary to s. 174 (3) (a) (i) of the Water Industry Act 1991).
- On 05 March 2021 FM Conway Limited intentionally interfered with apparatus, namely a wash-out hydrant, belonging to, and without the consent of, a water undertaker, namely Southern Water Services Limited, at Springhead Road, Northfleet, Gravesend, Kent (Contrary to s. 174 (1) (a) of the Water Industry Act 1991.
Each of the above 4 offence(s) carries a maximum possible fine of £1,000. The court ordered FM Conway Ltd to pay £1,000 investigation and prosecution costs to SWS, and a Victim Surcharge of £22.