The automatic right for developers to connect to sewer networks could be removed as part of the government’s plan to minimise the risk of harm from combined sewer overflows (CSOs).
This right, which has long been campaigned against by water companies, can result in sewer networks being overwhelmed, leading to pollution incidents and discharges from CSOs.
The government said it would publish a review and decision in the autumn about implementing part of the Flood and Water Management Act 2010 that would remove the right to connect and introduce standards for sustainable drainage systems (SuDS).
The change is being considered to better manage rainwater as part of the Storm Overflows Discharge Reduction Plan that sets out expectations for water companies to “improve” combined sewer overflows (CSOs) near designated bathing sites and high priority nature sites by 2035.
The Department of Environment, Food and Rural Affairs (Defra) said companies must address all storm overflows by 2050 regardless of location and will be required to increase the capacity of networks and treat sewage before it is discharged to protect public health and prevent pollution.
Defra said financial penalties such as “substantial” fines or returning money to billpayers would be imposed on companies that fail to meet targets.
The plan to tackle discharges into waterways frontloads investment and action at sensitive locations such as high priority ecological sites and swimming sites. Companies will be required to publish discharge information in near real time, which several have already begun to do since increasing monitoring across networks.
“This plan is the largest infrastructure project to restore the environment in water company history,” said Defra secretary George Eustice. “Whilst we’re demanding water companies invest more than ever before, we also know that, with rising pressure on the cost of living, we need to be careful of our impact on water bills. If we can go faster, we will, with a mandatory review in 2027 to see if we can go further.”
The plan specifies that CSOs should be relied on only when there is heavy rainfall and no risk of immediate adverse impact to the environment.
Government said companies must achieve year-on-year reductions to the amount of surface water connected to combined systems.
It called on companies to map sewer networks to identify where rainwater pipes are connected and prioritise removing surface water connections from the combined network rather than building extra storage.
Drainage and wastewater management plans, published in June, set out how companies would address overflows in a targeted way across catchments.
To enable the necessary work, the government will bring forward secondary legislation to implement part of the Environment Act in 2023 relating to monitoring of inland water quality.
It will also work with the Environment Agency to pilot and accelerate water monitoring techniques at lakes and other “complex” water bodies.
The government will additionally consider giving water companies the right to repair defective drains on private property; to alter drainage systems on private property to reduce impermeable areas connected to the combined sewer network; and the right to discharge rainwater to water courses.
A Water UK spokesperson said: “This plan represents a step forward in the urgent collective mission to tackle our reliance on storm overflows and builds on the spending from water companies that’s already underway. Companies agree there is an urgent need to do more and are ready to invest to achieve these ambitious plans.
“Additional action from government, regulators and other sectors could bring greater environmental benefits. Government should close the loophole that allows housing developers the right to overload sewers and also take action on the flushed wet wipes that create the fatbergs that cause so many blockages. A greater focus on keeping rainwater out of sewers, via measures such as sustainable drainage, would also tackle the source of the problem and help bring about the transformation we all want to see.”