This ruling by OEP is a game changer. It means most of the sewage permits are illegal and need to be replaced, which means water companies have been non-compliant with no regulation holding them to account.
“Ofwat, the Environment Agency and Defra have all failed to implement the law on sewage treatment, allowing water companies to pollute English rivers unlawfully for years The OEP has today decided that Ofwat, the Environment Agency and Defra have all failed to implement the law on sewage treatment, allowing water companies to pollute English rivers unlawfully for years.” Wild Fish Press Release which can be found here

Ilkley Response:

“For years here in Ilkley we have been pursuing the Environment Agency to permit the Ilkley Sewage Works in line with the law. The recent permit still allows untreated sewage to be dumped in the river when it rains, outside of exceptional circumstances as set out in the law. The EA has repeatedly told us it permits to the capacity of the treatment works, which to date has not been able to cope with sewage in even normal rainfall. The Environment Agency is still struggling to work out how to permit the solutions from Yorkshire Water for a mixed model of new concrete tanks, pipes, and nature based solutions. This ruling shows the utter failing of the poorly regulated monopoly privatised system. Here in Ilkley we have been calling for the government to uphold  the law, taking this to parliament last week, where we briefed MPs on the illegal activity of water companies and the need for enforcement.  Ilkley Clean River Group has had to form a national collaboration of grassroots campaigners to secure national action. We are currently providing a set of amendments to the Water (Special Measures) Bill which does not protect our environment or us as customers; and calling on the government’s new Commission to have a broader remit to look at all the models of ownership, rather than just tweaking the privatised system which is clearly utterly broken” Becky Malby

The Findings (from Water Magazine ):

“Defra

The OEP investigation has concluded that there have been three failures to comply with environmental law by Defra:

  • Failing to take proper account of environmental law by:
    • Drafting guidance for water companies and regulators which did not reflect the true legal extent of sewerage undertaker duties
    • Failing to amend or replace the guidance after a relevant Court of Justice of the European Union (CJEU) decision in 2012
    • Misunderstanding its legal duty under environmental law to make enforcement orders
  • Failing to exercise its duty under environmental law to make enforcement orders
  • Failing to discharge its duty to secure compliance with environmental law relating to emissions controls

Ofwat

The OEP investigation has concluded that there have been two failures to comply with environmental law by Ofwat:

  • Failing to take proper account of environmental law with regards to duties on sewerage companies and its duty to make enforcement orders.
  • Failing to exercise its duty under environmental law to make enforcement orders.

Environment Agency

The OEP investigation has concluded that there have been three failures to comply with environmental law by the EA:

  • Failing to take proper account of environmental law in devising guidance relating to permit conditions
  • (As a result of the point above) setting permit conditions that were insufficient to comply with environmental laws
  • Failing to exercise permit review functions in relation to discharges from CSOs”