The Office for Environmental Protection (OEP) has issued an information notice to the UK government and water regulators, suspecting they may have breached environmental law regarding sewage discharges. The notice follows persistent high levels of sewage releases in England, which averaged over 825 spills per day last year.
Campaigners and opposition MPs have accused regulators of being “complicit” in allowing the pollution. WildFish, an environmental charity that filed one of the original complaints, stated: “Those three public bodies are complicit in allowing the pollution. That must now end.” Charles Watson, chairman of River Action, added: “It’s no surprise to us that the first enforcement action the OEP is pursuing against the government over sewage pollution. Our rivers are in crisis.”
The OEP investigation focuses on whether the Environment Agency (EA), Ofwat, and the Department for Environment, Food and Rural Affairs (Defra) have correctly enforced the law on water companies. A key issue is the EA’s current rule allowing sewage discharges on any day with rainfall, only investigating spills on dry days. Campaigners argue that discharges should only be permitted during exceptional circumstances, such as unusually heavy rainfall, as ruled by EU courts in 2012 following a case brought by retired Sunderland engineer Robert Latimer.
The government responded: “While we do not agree with the OEP’s initial interpretations, which cover points of law spanning over two decades, we will continue to work constructively with the OEP on this issue.” The OEP has given regulators two months to respond to the information notice, after which it will publish a final decision. If a breach is found, the OEP could recommend action by MPs or apply for a judicial review.
An Environment Agency spokesperson said: “We welcome this investigation from the OEP and we share their ambition to drive improvements in water quality.” Ofwat echoed this sentiment. The investigation was partly prompted by the long-standing campaign of Bob Latimer, whose 2012 case established that sewage should only be released during exceptional rainfall.
