OEP launches first investigation into sewer regulation

The newly-constituted Office for Environmental Protection (OEP) has announced its first investigation will determine if regulators have failed to meet their duties relating to combined sewer overflows (CSOs) in England.

The investigation will seek to clarify the respective duties of Ofwat, the Environment Agency and the Department for Environment, Food and Rural Affairs (Defra) and establish whether they have complied with these in regards to the monitoring and enforcement of water companies’ own sewage management duties.

The OEP said if it finds failures, it will work to improve regulation with the objective of long-term improvements to water quality.

The body’s chief regulatory officer, Helen Venn, said: “This is a complex area and there is already a great deal of work underway to try and tackle the problem of untreated sewage in our rivers. Our investigation will contribute to that work by providing clarity about the legal responsibilities of the different bodies involved to ensure measures to tackle the problems can be targeted and effective.”

She said the investigation could lead to enforcement activity and broader actions to improve the legal and regulatory systems. “Our priority throughout will be to protect and improve the environment,” Venn said.

The investigation was triggered by a complaint submitted by Salmon & Trout Conservation UK, which last year threatened legal action against Defra for not comprehensively dealing with CSOs.

The OEP was established following Brexit to independently enforce environmental laws in the UK and hold government and other public authorities to account. Earlier this year, its chair Glenys Stacey said the body was “keenly interested” in tackling agricultural pollution in rivers as well as  pollution from wastewater treatment.

The announcement of the OEP’s inaugural investigation was welcomed by Philip Dunn, the MP whose private members bill formed key parts of the Environment Act relating to river water quality.

Dunne, who chairs the Environmental Audit Committee, said: “The water companies have been giving their assurances and saying all the right things to clean up their act, but it is for the regulators and the enforcement regime to judge whether they are taking enough action to protect our environment.

“Our Committee’s report considering water quality in rivers raised concerns over monitoring and enforcement of a range of pollutants coursing through our rivers, including sewage discharges from combined sewer overflows. We invited the OEP to reflect on our conclusions and recommendations within our report, and to use the powers granted by Parliament to drive improvement of the regulation and enforcement regimes which govern the state of England’s rivers.”

Mark Lloyd, chief executive of The Rivers Trust, said: “It will be interesting to see the outcomes of this investigation, which will be a high-profile demonstration of whether or not the OEP will replace the scrutiny provided in the past by the European Commission.”

Christine Colvin, director for partnerships and communications for The Rivers Trust, added: “We need to understand where regulation has failed in the past, as well as how it will be strengthened to meet the requirements of the new Environment Act. One thing is clear – the public is fed up with the status quo, and we want to be able to use healthy rivers without risk of exposure to sickness from sewage.”