Britain’s environmental protection watchdog has accused the government and two public bodies of failing to comply with environmental laws in relation to the regulation of sewer overflows.
The Office for Environmental Protection (OEP) says it has identified possible failures by the Department for Environment, Food and Rural Affairs (DEFRA) and the Environment Agency (EA) to keep sewage companies in check.
Ofwat – the regulator for the water and sewerage industry – also faces the same accusation.
The OEP says it believes there may have been “misinterpretations of some key points of law” which have allowed discharges to occur more often than they should.
The announcement comes following a more than year-long investigation by the OEP into the regulation of combined sewer overflows (CSOs).
These overflows work as a relief mechanism for the UK’s network of sewers, allowing companies to pump untreated sewage into rivers and the sea during heavy rainfall.
But they also harm the freshwater, coastal and marine environments, and can impact the people who use the water, and can therefore only be used in exceptional circumstances.
The OEP investigation launched its investigation following a complaint alleging failures to comply with legal duties relating to the monitoring and enforcement of water companies’ management of sewage.
Information Notices have now been issued to each of the three bodies setting out the details of the possible failures – with the authorities having two months to respond.
They will be able to agree to disagree with the OEP’s assessment and set out any proposed remedial action or practical measures to address issues, according to the watchdog.
Helen Venn, the OEP’s Chief Regulatory Officer, said: “As a result of our investigations so far, we think there may have been misinterpretations of some key points of law.
“The core of the issue is that where we interpret the law to mean that untreated sewage discharges should generally be allowed only in exceptional circumstances, such as during unusually heavy rainfall, it appears that the public authorities may have interpreted the law differently, permitting such discharges to occur more often.”
She added: ”Improving the quality of water in our rivers and seas is a complex challenge. There are no quick fixes.
“We recognise that a great deal is already being done to tackle the issue of untreated sewage discharges, and we welcome the intent of government measures such as the Plan for Water and storm overflow targets, as well as commitments to increase investment.
“We are aware that both the Environment Agency and Ofwat have investigations underway. We await the outcomes with interest.”
On Ofwat spokesperson said it “welcomed the OEP’s considerations, particularly on the clarity of responsibilities for the protection of the environment”.
“We will work with them as their investigation moves forward,” a spokesperson said.
