Ofwat has announced that it has opened an enforcement case against South West Water as part of its ongoing investigation into how all wastewater companies manage their wastewater treatment works.
Ofwat has announced that it has opened an enforcement case against South West Water as part of its ongoing investigation into how all wastewater companies manage their wastewater treatment works.
South West Water has joined Anglian Water, Northumbrian Water, Thames Water, Wessex Water and Yorkshire Water, on the list of companies Ofwat has opened enforcement cases against.
A brief statement issued by the water company said:
"We will continue to work openly and constructively with Ofwat to comply with the formal notice issued to South West Water as part of this ongoing investigation."
The regulator said that ongoing concerns and the latest performance data on South West Water's environmental performance prompted the move. The company has now been served with a formal notice to gather further information for enforcement purposes.
As well as South West Water, the five enforcement cases opened in March are continuing as Ofwat still has concerns, some serious, arising from the information provided to Ofwat, both in December last year and in response to formal notices issued by the regulator. This is to ask and understand more about those concerns and, where things have gone wrong, to seek further assurances that things are being put right as quickly as possible.
From what Ofwat has seen so far, particular areas of concern include:
- issues about the quality and completeness of the information companies have about how their wastewater treatment works are performing; and,
- what they do with that information to ensure the works are adequate, operating correctly and not causing environmental harm, such as through sewage discharges.
All wastewater companies in England and Wales remain subject to the ongoing investigation. Ofwat will keep the focus of its enforcement cases under review, and the companies in focus may change as new information comes to light. Ofwat will shortly be writing to the remaining companies to request updates on the progress of remediation plans they submitted to Ofwat in December.
"From what we have seen so far, the scale of the issue here is shocking"
David Black, Ofwat Chief Executive, said:
"The serious concerns we identified last year prompted our initial focus on five companies. As we gather and analyse more information, including data on storm overflow spills, our concerns have grown further about South West Water's operation of its wastewater assets and environmental performance. As a result, we have opened an additional enforcement case into South West Water.
"We have now opened enforcement cases against the majority of wastewater companies in England and Wales. From what we have seen so far, the scale of the issue here is shocking – companies must resolve any problems at wastewater treatment works and do so quickly. Where they have breached their obligations, we will not hesitate to act."
As the investigation continues, Ofwat said it expects all companies to make quick progress to address non-compliance and strengthen the management of their environmental obligations as a whole. More information is expected to come to light as the investigation progresses
The regulator is working closely with the Environment Agency, who are carrying out a separate criminal investigation into companies’ compliance with environmental permits and potential breaches of individual permits at treatment works. The investigation must be conducted in accordance with criminal rules and procedures.
Ofwat’s focus and timelines differ from the Environment Agency because of the different statutory and enforcement powers each regulator has. Ofwat is looking at how overall companies operate and manage their sewage treatment works and how they report on their performance about this. Ofwat’s enforcement powers can see the regulator fine companies up to 10% of their annual turnover.
The information gathered will enable Ofwat to establish if it needs to seek further information or if its concerns have been addressed.
Commenting in response to today’s announcement by Ofwat, Mike Keil, Senior Director of Policy, Research and Campaigns at the Consumer Council for Water (CCW) said:
“It’s a betrayal of customers’ trust and expectations if a sewerage company fails to comply with its basic duties and puts at risk the health of rivers and habitats for wildlife that the majority of people have told us they want to see improved – not undermined.”
“All six of the companies facing the threat of enforcement action should now urgently act to ensure they are complying with their responsibilities and fixing any harm that might have been caused. We are supporting Ofwat’s investigation and will be challenging the industry to ensure we see the level of transparency that is needed to rebuild trust with customers.”
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