Ofwat signals enforcement on storm overflows
Ofwat has indicated it will use its enforcement powers if water companies fall short of their obligations on storm overflows.
In a letter to company chief executives, interim chief executive David Black pointed out companies have obligations including: to comply with discharge permits; general duties under the Water Industry Act 1991 and the Urban WasteWater Treatment Regulations 1994; and regarding the assurance certificates they provide annually to Ofwat.
Black wrote: “If you have not already done so, I expect you and your board to be actively considering whether you have a full and accurate picture of your storm overflow assets and performance, the environmental impact of their use and a clear and timely strategy for addressing any shortcomings in that performance. I expect you to consider whether you have the right data and insights, and processes and controls in place to monitor and drive improvements and ensure compliance with your legal obligations with respect to storm overflows. This is necessary to enable your board to be confident in the assurance it provides via your company's annual certificates.”
He said there would be follow up engagement and that Ofwat would “continue to work closely with the Environment Agency and Natural Resources Wales to keep abreast of their assessments of compliance to understand if there are findings relevant to Ofwat's regulatory tools, including our enforcement powers”.
Black acknowledged the work going on already in the storm overflow area, and observed: “There is no doubt this area is complex, multi-faceted and needs engagement and commitment from across a number of sectors. Two things are clear though: first, customer and society expectations in this space are changing and will continue to grow; and, second, the positive strides the sector has made in other areas of environmental performance are not evident with respect to storm overflows. The sector's ability to respond to this challenge will be key to it gaining and keeping public trust.”
Responding, Water UK chief executive, Christine McGourty, said: “It will take an intensive, joint effort from all those involved in protecting and enhancing our rivers and waterways to bring about the step change that everyone wants to see. We are asking the Government to make some simple changes to the Environment Bill, currently going through Parliament. These would reduce the impact of wet wipes, which often block sewers and cause overflows, and help overloaded systems by keeping rainwater out of them. Crucially, while there are no quick-fix solutions, we are also working with the regulator, Ofwat, and other partners to ensure water companies can accelerate the significant investment needed this decade to meet the public’s expectations for river water quality.”
• David Black is among the witnesses who will give evidence to the EAC’s Water Quality in Rivers inquiry at 2.30pm on 23 June.
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