The Office for Environmental Protection (OEP) has initiated an investigation into potential lapses in compliance with environmental law by three prominent public authorities in the UK. The Department for Environment, Food and Rural Affairs (Defra), the Environment Agency, and Ofwat are under scrutiny concerning their regulation of combined sewer overflows (CSOs).
The OEP’s inquiry stems from a complaint received in June of the previous year. The complaint alleged that these authorities failed in their legal duties related to the monitoring and enforcement of water companies’ management of sewage, specifically regarding CSOs. These overflows are crucial in preventing sewage backups into residential areas during network overload situations. However, their discharges can significantly harm freshwater, coastal, and marine ecosystems, posing potential risks to the public.
Under environmental law, CSO discharges should only occur under exceptional circumstances. The OEP’s investigation seeks to clarify the roles and responsibilities of these public authorities and determine whether they have indeed failed to comply with their respective duties. If non-compliance is established, the OEP will work to improve regulation, aiming for a long-term enhancement of water quality.
Based on information gathered during the ongoing investigation, the OEP believes that there may have been environmental law violations by all three public authorities. In response, the OEP has issued Information Notices detailing these potential failures to each of the entities involved. The public authorities have been granted a two-month period to respond to these notices. Their responses will indicate whether they concur with the OEP’s assessment and, regardless of their stance, will allow them to propose corrective actions or practical measures to address the issues.
Helen Venn, Chief Regulatory Officer at the OEP, emphasized the complexity of improving water quality and recognized ongoing efforts by the government, such as the Plan for Water and storm overflow targets. Venn stressed the importance of ensuring these measures and investments are as effective as possible through a regulatory system aligned with the law’s intent.
One central issue identified in the investigation is the differing interpretations of the law concerning untreated sewage discharges. The OEP’s interpretation suggests that such discharges should occur exceptionally, often during unusually heavy rainfall. However, it appears that the public authorities may have interpreted the law differently, potentially permitting more frequent untreated sewage discharges. This discrepancy may have consequences for regulatory activities and enforcement.
Clarifying these legal interpretations is essential to lay a solid foundation for future water quality improvement efforts. The OEP will carefully consider the responses from all three public authorities before determining its next course of action.
The potential failures identified in the investigation encompass various aspects, including urban wastewater legislation, guidance formulation, permit conditions for CSOs, and enforcement measures. The issues addressed by each public authority include:
1. Environment Agency: Concerns regarding urban wastewater legislation, guidance development, permit conditions for CSOs, and the review and enforcement of these conditions.
2. Ofwat: Issues related to the interpretation of sewerage undertakers’ responsibilities to effectively manage sewage and Ofwat’s duty to issue enforcement orders when sewerage undertakers fail to comply with these duties.
3. Defra: Potential failures regarding urban wastewater legislation, water quality legislation, and Defra’s duty to issue enforcement orders when sewerage companies fail to meet their obligations to manage sewage effectively.
