when their networks have been overwhelmed by rainwater. This was on the basis that such rainfall was considered extraordinary circumstances.
Ofwat is the financial regulator of water companies, while the EA is meant to police their environmental actions. “This then has consequences for the regulatory activity that follows. The guidance provided by Government to regulators, and the permitting regime they put in place for the water companies, possibly allow untreated sewage discharges to occur more regularly than intended by the law without risk of sanction. This is what has created the possible failures to comply that we have identified.
The Government currently has a Plan for Water which aims to reduce sewage discharges over time, with an ultimate goal of near total elimination only in 2050. Ministers have argued that moving faster would involveCharles Watson, founder of the River Action campaign group, said: “It’s no surprise to us that the first enforcement action [from] the OEP is against the Government over sewage pollution.