The Office for Environmental Protection (OEP) has issued separate decision notices to Defra, the EA, and Ofwat for failures to comply with environmental law in respect of untreated sewage discharges, warning that court action could follow if corrective steps are not taken within two months.
Announced on 16 December, the action follows an investigation into the regulation of network combined sewer overflows (CSOs) in England, which began in June 2022.
Helen Venn, the OEP’s Chief Regulatory Officer, said: “The core issue identified in our investigation is the circumstances in which the regulatory system allows untreated sewage discharges to take place. We interpret the law to mean that they should generally be permitted only in exceptional circumstances, such as during unusually heavy rainfall. This is unless an assessment of the CSO concludes that the costs to address the issue would be disproportionate to the benefits gained. While the public authorities are now taking steps to ensure their approaches are aligned and reflective of the law, we have found that this has not always been the case. The decision notices formally clarify what we have concluded is required.
“We will decide next steps when we have considered the responses to these decision notices. That could include court action.”
Charity group The Rivers Trust responded to the announcement:
“The fact that three public bodies tasked with regulating our water industry and its impact on the environment have failed to do so effectively over such a period of time validates the tireless work of environmental and community groups who have long called out water companies’ over-reliance on CSOs. It is imperative that the Environment Agency, Defra, and Ofwat now respond to the OEP’s findings fully and in good faith.
“We welcome the positive steps that are now being taken to reduce the blight of sewage pollution on our waterways, but there is room for much more ambition to transform how we manage water to restore our rivers to good health. We will wait to see whether water companies’ five-year investment plans – to be announced later this week – go far enough to meet the OEP’s requirements.”
