Ofwat could face legal action over sewage discharges in rivers

theguardian.com:

Environmental campaigners are threatening the water services regulation authority in England and Wales with legal action over its failure to take action to prevent untreated sewage discharges into rivers by water companies.

Lawyers for Wild Justice believe Ofwat has a duty under law to ensure sewage treatment plants avoid releasing polluting discharge into watercourses.

Leigh Day, acting for the group, argues correspondence with the regulator shows that the authority is failing to take the necessary monitoring and enforcement action against water companies. They say the failure to act creates a threat to wildlife from the excessive nutrient levels in rivers and other water bodies caused by the pollution.

While the Environment Agency issues permits to water companies to deal with sewage, Ofwat also has powers to ensure sewage plants are designed and operated correctly, lawyers argue, under the Urban Waste Water Treatment (England and Wales) Regulations 1994 and section 94 of the Water Industry Act 1991.

Carol Day, a solicitor from Leigh Day, said: “While the public are rightly frustrated with the Environment Agency for an apparent reluctance to prosecute water companies for breaches of permits, there’s an underlying question as to whether our Victorian sewage treatments plants are still fit for purpose.

“The responsibility for ascertaining the position on that – and for requiring action where they are not – lies with Ofwat but it appears to be doing nothing to solve that underlying problem. Our clients hope that highlighting Ofwat’s duties in this regard will ensure the necessary steps are taken to upgrade our outdated sewage plants.”

Environment Agency data shows water companies in England discharged raw sewage into rivers and