Water companies will be legally required to significantly reduce the impact of sewage discharges from storm overflows, the government has confirmed, following a swell of public interest in the issue.
The new clause, which will bolster the Department of Environment, Food and Rural Affairs (Defra) strategic policy statement (SPS) to Ofwat, will be added to the Environment Bill.
The announcement comes after MPs passed a watered-down version of a House of Lords amendment last week requiring the government to produce a plan to reduce discharges from storm overflows before the beginning of September next year.
The amendment omitted the new duty proposed by the Duke of Wellington that water companies take “all reasonable steps” to ensure untreated sewage is not discharged from storm overflows.
MPs voted in favour of the amendment by 268 votes to 204 although 22 Conservative MPs rebelled against the government’s motion.
However, the government said the bill will now be “further strengthened” with an amendment that creates “a duty enshrined in law to ensure water companies secure a progressive reduction in the adverse impacts of discharges from storm overflows.”
Water UK cautioned that action needs to go beyond the work undertaken by water companies to address CSOs. A spokesperson said for the trade body said: “A legal duty is an important step, but the real test of government’s seriousness is whether it matches that by taking action itself – otherwise we will never achieve the improvements we all want to see.”
They said the action by the water industry must be supported by government through policies such as banning unflushable wipes and preventing developers from adding new drains to a sewer even when it is overloaded.
“Crucially, (they) must also provide guidance to regulators that mean they will authorise new investment in sewers,” the spokesperson said.
Following the announcement, Ofwat’s interim chief executive, David Black, called for a step-change in water companies’ culture and commitment to tackle the current level of CSO discharges.
He said: “Water companies have a critical role in protecting and preserving the natural environment. Customers and the public rightly expect water companies to take this role extremely seriously, and there has been widespread, understandable frustration and anger”
Black added that addressing storm overflows must take place alongside wider actions to improve rivers to good ecological status.
“Water companies must show a step-change in culture and commitment, including to make best use of the tools and funding already available. More innovation, greater use of nature-based solutions, and significant contributions from other sectors, are also needed to care for our rivers. We see signs of this shift within some companies, and we need this to be a change across the whole industry.”
Environment secretary George Eustice said the new amendment will align with Defra’s draft SPS that requires firms and Ofwat to significantly reduce discharge of sewage from storm overflows.
“The government will hold underperforming companies to account and is already taking direct action to deliver progressive reductions in the harm caused by storm overflows through measures in the environment bill,” he said.
These will include a new duty to produce drainage and sewerage management plans that should include how CSOs will be addressed over the coming 25 years.
The government will have the power to direct companies on these plans if they are deemed to be insufficient. Eustice said the government “will not hesitate to use this power of direction”.
The U-turn was supported by shadow energy minister Luke Pollard, who described the state of England’s rivers as terrible and said people are right to be upset about it: “The government is to blame for allowing water companies to vent raw sewage into our rivers and sea seemingly at will.”
Pollard, who worked at South West Water prior to being elected as an MP, suggested England should adopt sustainable drainage practices used in Wales to improve sewers: “The Tories should learn from the record and experience of the Welsh Labour government who have been able to require sustainable drainage systems to reduce the load on sewage systems and make investing to tackle future challenges a top priority.”
The Rivers Trust cautiously welcomed the change of heart, with Christine Colvin, its director for partnerships and communications, saying it shows the government is taking stakeholder responses seriously.
She said: “Whilst we await the specific wording of this new clause to the Environment Bill, we are pleased to see the government responding to the justified outcry from the public, who demand that our rivers are no longer treated as sewers.”
“Together with the other additional clauses in the Bill, it shows the government has taken seriously the call from NGOs, the public and a growing majority of the Lords,” she added.
Other upcoming measures will include adding at least one new target to drive progress in water. Those under consideration include reducing pollution from agriculture, wastewater, and abandoned metal mines, and lowering water demand.
By September next year government will produce a report setting out how the use of CSOs could be eliminated, and what the costs and benefits would be.
The Duke of Wellington’s original amendment received strong support in the House of Lords. The wording of the new clause is not yet known. It will be added when the bill returns to the House of Commons for the next stage of the passage.