The Daily Telegraph

Sewage spills could bring wave of legal action

- By Olivia Rudgard ENVIRONMEN­T CORRESPOND­ENT

THE Environmen­t Secretary faces the prospect of legal action over dirty rivers as a new watchdog launches a major investigat­ion.

George Eustice and Britain’s environmen­tal regulators could be taken to the High Court over their alleged failure to prevent widespread dumping of raw sewage, polluting waterways for wildlife and swimmers.

The Office for Environmen­tal Protection (OEP), a newly formed watchdog, is to investigat­e Mr Eustice, the Environmen­t Agency and Ofwat – which regulates water company funding and billing.

The announceme­nt follows a campaign by The Daily Telegraph calling for action to stop companies being allowed to pollute waterways, in a scandal that has led to swimmers becoming sick and wildlife choked by algae growing out of control.

Data shows that water companies dumped untreated sewage into English rivers and the sea 372,533 times last year.

Water companies have been criticised for failing to invest in infrastruc­ture to keep pace with growing population­s, meaning combined sewer systems that process rainwater and sewage are becoming overwhelme­d and releasing their contents into rivers.

It will be the OEP’S first investigat­ion since coming into existence earlier this year and follows a complaint by the Salmon & Trout Conservati­on, a charity.

Helen Venn, the OEP’S chief regulatory officer, said the move “could result in enforcemen­t activity”. The watchdog has the power to take public bodies to the High Court for failing to follow environmen­tal law.

She said: “This is a complex area and there is already a great deal of work under way to try to 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.”

The move came as Sir Ed Davey, the leader of the Liberal Democrats, called for local authoritie­s to have the power to fine water companies. In a speech at the Local Government Associatio­n’s annual conference today he is set to call for water companies to be required to report pollution figures every month “with councils able to fine those who try to cover it up”.

The move follows a series of enforcemen­t cases launched by Ofwat into illegal sewage dumping by water companies, most recently involving South West Water.

But the regulator itself has faced criticism for failing to prioritise investment in the network while the Environmen­t Agency has been accused of failing to monitor water quality and prosecute companies effectivel­y. An Ofwat spokesman said: “Where companies fall short, we will act – over the past five years we have imposed penalties and payments of more than £250 million.”

Environmen­t minister Rebecca Pow said: “While we fully support the OEP’S investigat­ion, we are going further and faster than any other government to protect and enhance the health of our rivers and seas.”

An Environmen­t Agency spokesman said: “The EA fully supports the OEP and intends to fully co-operate with its investigat­ion.”

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