Environment lawyers call on water regulators to address sewage concerns

It comes after an investigation from the Office for Environmental Protection (OEP) found that Defra, the Environment Agency (EA) and Ofwat had allowed untreated sewage discharges, which are only permitted in exceptional circumstances, to occur too frequently. 

Green watchdog OEP has now sent notices to each of the three bodies setting out steps they should take to “put matters right”.

Combined sewer overflows (CSOs) are sewage outflows which are permitted to discharge untreated sewage into the environment in exceptional circumstances, such as flooding or heavy rain in order to prevent the sewage network from being overwhelmed.

Defra, Ofwat and the EA regulate the water companies and are expected to use methods such as enforcement orders to ensure that they comply with rules for the management of their sewerage systems – including when CSOs are permitted to discharge.  

However, the OEP reported it had found that the three regulators themselves failed to comply with environmental law regarding their duty to enforce regulation of CSOs, and confirmed it had been in discussions about taking steps to address the issues. Separately, the Environment, Food and Rural Affairs (EFRA) Committee has now launched a new inquiry to scrutinise the breadth of issues confronting the water sector. 

The environment team at Leigh Day have previously acted to bring a legal challenge in 2022 over Ofwat’s alleged failure to regulate sewage plants, claiming that it had failed to monitor and enforce adherence to sewage regulations by water companies.

Leigh Day environment team solicitor Ricardo Gama said:

“Leigh Day brought a judicial review on behalf of Wild Justice alleging that Ofwat had, for decades, been asleep at the wheel in overseeing water companies’ compliance with environmental law. That claim was unsuccessful but only because of very recent action that Ofwat could, at that stage, say it was belatedly taking. The OEP’s recent findings show that Wild Justice’s concerns were well-founded, and we look forward to understanding what action Ofwat, the government and the EA will take to make sure water companies comply with their obligations under environmental law.”

Leigh Day partner Fiona Huddleston, who is investigating potential legal action over the alleged impact of sewage released into Windermere, said: 

“This determination reiterates that discharges of untreated sewage should generally only be in exceptional circumstances, not the norm. The OEP’s decision is an important shot across the bows to any sewage undertaker who has failed to comply with their environmental obligations.”

If you have been affected by sewage discharges in Windermere and would like to speak with a member of our environmental team, please contact us at windermerepollution@leighday.co.uk.