The new independent environmental watchdog, the Office for Environmental Protection (OEP), has raised concerns that the government and regulators in England may have violated environmental laws by failing to address the issue of raw sewage dumping into rivers by water companies. This comes as the OEP conducted an investigation into the matter and found potential lapses in compliance with environmental regulations.
The OEP’s investigation points to possible failures on the part of the government, the Environment Agency (EA), and Ofwat in preventing water companies from discharging raw sewage more frequently than allowed by law. Normally, raw sewage discharges from storm overflows on the network are only permitted in exceptional circumstances. However, investigations by various media outlets have revealed that water companies have been using storm overflows more frequently for raw sewage discharge.
The investigation was initiated by the charity WildFish, which alleged that regulators were not effectively enforcing the law in this regard. The OEP stated that it seems public authorities may have interpreted the law differently, leading to more frequent untreated sewage discharges than intended by law.
Specifically, the OEP found that the Environment Agency had issues related to setting permit conditions for raw sewage releases and enforcing those conditions. Ofwat, the financial regulator, may not have fully exercised its powers to issue enforcement orders when sewerage companies failed to treat sewage appropriately. The Department for Environment, Food and Rural Affairs also faced possible failures in enforcing compliance with sewage-related laws.
These issues are all related to duties outlined in urban wastewater treatment laws, which originate from EU legislation.
The European Court had previously found the UK government in breach of urban wastewater laws in 2012 due to raw sewage discharges. The OEP, in response to its findings, has indicated that it would seek to improve regulation for long-term water quality enhancement if these failures are substantiated. However, it’s worth noting that the OEP has fewer enforcement powers compared to the European Commission.
The regulators have been given a two-month window to review the information and respond to the OEP’s findings.
Helen Venn, the OEP’s chief regulatory officer, suggested that the crux of the issue lies in differing interpretations of the law. While the OEP interprets the law to generally permit untreated sewage discharges only in exceptional circumstances, it appears that public authorities may have allowed such discharges more frequently. This, in turn, affects regulatory actions, with government guidance possibly allowing for more frequent untreated sewage discharges without the risk of penalties.
In response, a government spokesperson acknowledged the unacceptability of sewage discharge and emphasized the government’s efforts to address the issue through investment, regulation, and enforcement. They also mentioned the introduction of a legally binding target to reduce storm overflows. However, they disagreed with the OEP’s initial interpretations, covering points of law spanning two decades, and expressed a commitment to working constructively with the OEP.
Steve Reed MP, the shadow environment secretary from the Labour party, criticized the Conservative government for its handling of the issue, highlighting a lack of enforcement and monitoring and failure to prosecute water companies breaking the law.
Guy Linley-Adams, a solicitor at WildFish, accused Ofwat, the Environment Agency, and the secretary of state of allowing routine and unlawful sewage pollution by water companies and called for an end to such practices.
Charles Watson, the chair and funder of River Action, expressed longstanding concerns about inadequate government action to protect rivers.
The OEP’s investigation primarily focused on storm overflows in the water network, rather than treatment plants operated by water companies. Storm overflows at treatment plants run by six water companies are already under investigation by Ofwat and the EA for suspected illegal sewage dumping. The OEP plans to consider the responses of the regulators before deciding on potential future actions, which could include issuing a decision notice and referring the matter to the high court.