The Environment Bill passed into law last week, complete with provisions placing a legal duty on water companies to reduce the impact of sewage discharges from storm overflows.
Peers accepted Amendments 45C and 45D, tabled by water minister Rebecca Pow in the Commons, after MPs rejected the Duke of Wellington’s amendment and public outcry ensued.
The Government clause instructs sewerage undertakers wholly or mainly in England to “secure a progressive reduction in the adverse impact of discharges from the undertaker’s storm overflows”, defining ‘adverse impacts’ to include both on the environment and public health. It proposes the duty be enforceable by the secretary of state or regulator where authorisation is given by the secretary of state.
Lord Goldsmith said the government had redrafted the Wellington amendment, to “ensure both proper legal effect and more effective implementation”. He argued the new wording goes further than the original in some areas, including to contain a stronger legal duty on companies, enable direct enforcement, drive ongoing reductions in harm, and include both environmental and public health under the banner of “adverse impacts”.
However, others argued the government version is weaker. The Rivers Trust commented: “The amendment is weak and will only work if the government, and its successors, show real political will to address the problem.” It called on the environment secretary to tell the Environment Agency to set tough permits and monitor/enforce them; make Ofwat accountable to Parliament on progress in reducing sewage discharges; and strengthen the current draft Strategic Policy Statement to generate clear investment plans backed by resources to begin eliminating the most damaging sewage pollution.
Elsewhere on water, the Environment Act provided for: long term water targets to be set; statutory water management planning collaboration between water companies; statutory drainage and sewerage management planning; curbs on abstraction; and a modernised licensing process.
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