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Environment Agency told to clamp down on water companies

The Environment Agency has been told in no uncertain terms to significantly improve its regulatory oversight of water companies.

In an abrupt 290-word letter to the Agency’s CEO Philip Duffy and chair Alan Lovell, recently-instated environment secretary Steve Barclay sets out his expectations for water companies and the sector’s regulators.

He says that while “water company performance […] is below the standards we should expect”, he will “hold not only water companies, but also their enforcement agencies to account” for failings.

“I am writing to you to set out my expectations when it comes to holding the sector accountable for the unacceptable sewage discharges in our precious waterways,” Barclay writes.

“Water company performance, specifically, is below the standards we should expect. The public rightly expect that I will hold not only water companies, but also their enforcement agencies to account, and that is one of my top priorities in this role. I expect significant improvements in the regulatory oversight of water companies.”

Specifically, Barclay urges the Environment Agency to use “new tools” available to them. This includes serving water companies unlimited fines for pollution incidents.

“The Government has provided the Environment Agency with stronger legal powers in relation to water companies and wider sectors which may pollute our environment,” he adds. “We expect the Environment Agency to deliver penalties, in line with your Enforcement and Sanctions Policy, that are tough whilst proportionate to the nature of the offence.

“I look forward to seeing your use of these new powers to ensure that polluters are held to account and are appropriately deterred from breaking our environmental laws.”

Barclay also wrote to the chief executives of all water companies, demanding improved performance on accelerating maintenance work and tackling storm overflow spills.

He specifically has asked all companies to respond to his letter with “a better maintenance programme, eliminating [sewer blockages] as a cause of storm overflow sewage discharges in the next 12 months, unless in exceptional circumstances”.

He adds: “Last year, around 20% of frequently spilling overflows in England discharged for operational reasons such as a lack of regular operational maintenance or dealing with blockages.

“This is simply not good enough. Ensuring that your sewer networks operate effectively through regular maintenance is a core legal requirement for all water companies. Enhanced maintenance will reduce the number and volume of discharges.”

Barclay has also called on water companies to share their ideas on interim solutions at high spilling overflows.

“Any immediate opportunities to utilise technology and engineering advances in a cost-effective way to quickly mitigate the impacts on high priority and high public interest sites should be seized,” Barclay adds.

“These solutions will help to ensure the harm caused by the storm overflows is addressed rapidly while longer-term solutions are funded, planned and implemented as part of meeting your regulatory requirements and the targets set out in Storm Overflow Discharge Reduction Plan targets.”

Barclay replaced previous environment secretary Therese Coffey in the role last month after a bruising year in the post.