The Office for Environmental Protection (OEP) has identified possible failures to comply with environmental law by the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency and Ofwat in relation to the regulation of combined sewer overflows (CSOs).
The OEP launched an investigation into the regulation of CSOs by the three public authorities in June last year after receiving a complaint alleging failures to comply with legal duties relating to the monitoring and enforcement of water companies’ management of sewage.
CSOs have an important role to play in the system as they prevent sewage backing up into people’s homes when the sewage network is overloaded. But discharges from these overflows harm the freshwater, coastal and marine environments, and can also have adverse impacts for people who use them. Therefore, discharges should generally only occur in exceptional circumstances.
The aims of the OEP investigation are to clarify the roles and responsibilities of the public authorities and to determine whether they have failed to comply with their respective duties. If there have been failures, the OEP will seek to improve regulation in order to achieve long term improvement in water quality.
Currently, as a result of information gathered during the investigation, the OEP believes that there may have been failures to comply with environmental laws by all three of the public authorities. The OEP has issued Information Notices to each of them setting out the details of those possible failures.
The public authorities have two months to respond to the Information Notices. The responses will allow them to set out whether they agree with the OEP’s view, and whether they agree or not, set out any proposed remedial action or practical measures to address issues.
Helen Venn, the OEP’s Chief Regulatory Officer, said:
“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.
“We want to make sure that all of these measures and any investments made are as effective as they can be. A regulatory system that works as the law intends will be a key contributor to this.
“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.
“This then has consequences for the regulatory activity that follows. The guidance provided by Government to regulators, and the permitting regime they put in place for the water companies, possibly allow untreated sewage discharges to occur more regularly than intended by the law without risk of sanction. This is what has created the possible failures to comply that we have identified.
“Clarifying this point will ensure future efforts to improve water quality are built on a solid foundation. We will consider the responses from all three public authorities in detail before deciding next steps.”
