Britain’s environmental protection watchdog has accused the government and two public bodies of failing to comply with environmental laws in relation to the regulation of sewer overflows.

The Office for Environmental Protection (OEP) says it has identified possible failures by the Department for Environment, Food and Rural Affairs (DEFRA) and the Environment Agency (EA) in keeping sewage companies in check.

Ofwat – the regulator for the water and sewerage industry – also faced the same accusation.

The OEP says it believes there may have been “misinterpretations of some key points of law” which have allowed discharges to occur more often than they should.

The announcement comes following a more than year-long investigation by the OEP.

The investigation was launched following a complaint alleging failures to comply with legal duties relating to the monitoring and enforcement of water companies’ management of sewage. 

Information Notices have been issued to each of the three bodies setting out the details of the possible failures – with the authorities having two months to respond.

They will be able to agree to disagree with the OEP’s assessment and set out any proposed remedial action or practical measures to address issues, according to the watchdog.

Helen Venn, the OEP’s Chief Regulatory Officer, said: “As a result of our investigations so far, we think there may have been misinterpretations of some key points of law.

“The core of the issue is that where we interpret the law to mean that untreated sewage discharges should generally be allowed only in exceptional circumstances, such as during unusually heavy rainfall, it appears that the public authorities may have interpreted the law differently, permitting such discharges to occur more often.”

She added: ”Improving the quality of water in our rivers and seas is a complex challenge. There are no quick fixes. 

“We recognise that a great deal is already being done to tackle the issue of untreated sewage discharges, and we welcome the intent of government measures such as the Plan for Water and storm overflow targets, as well as commitments to increase investment.

“We are aware that both the Environment Agency and Ofwat have investigations underway. We await the outcomes with interest.”

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