Environment Act 2021

80 Storm overflows

(1) In Part 4 of the Water Industry Act 1991 (sewerage services), after Chapter 3 insert—

“CHAPTER 4 Storm overflows

141A Storm overflow discharge reduction plan

(1) The Secretary of State must prepare a plan for the purposes of—

(a) reducing discharges from the storm overflows of sewerage undertakers whose area is wholly or mainly in England, and

(b) reducing the adverse impacts of those discharges.

(2) The reference in subsection (1)(a) to reducing discharges of sewage includes—

(a) reducing the frequency and duration of the discharges, and

(b) reducing the volume of the discharges.

(3) The reference in subsection (1)(b) to reducing adverse impacts includes—

(a) reducing adverse impacts on the environment, and

(b) reducing adverse impacts on public health.

(4) The plan may in particular include proposals for—

(a) reducing the need for anything to be discharged by the storm overflows;

(b) treating sewage that is discharged by the storm overflows;

(c) monitoring the quality of watercourses, bodies of water or water in underground strata into which the storm overflows discharge;

(d) obtaining information about the operation of the storm overflows.

(5) When preparing the plan the Secretary of State must consult—

(a) the Environment Agency,

(b) the Authority,

(c) the Council,

(d) Natural England,

(e) sewerage undertakers whose area is wholly or mainly in England, or persons representing them, and

(f) such other persons as the Secretary of State considers appropriate.

(6) The Secretary of State must publish the plan before 1 September 2022.

(7) The Secretary of State may at any time revise the plan, having consulted the persons referred to in subsection (5), and must publish any revised version.

(8) The plan, and any revised version of it, must be laid before Parliament once it is published.

141B Progress reports on storm overflow discharge reduction plan

(1) The Secretary of State must publish reports (“progress reports”) relating to the plan under section 141A.

(2) A progress report is to contain the Secretary of State’s assessment of—

(a) the progress made, during the period to which the report relates, in implementing the proposals in the plan (or any revised version of it), and

(b) the effect of that progress on the matters referred to in section 141A(1)(a) and (b).

(3) The first progress report must relate to the period of three years beginning with the day on which the plan under section 141A is first published.

(4) Subsequent progress reports must relate to successive periods of five years after the period referred to in subsection (3).

(5) A progress report must be published within 12 weeks following the last day of the period to which it relates.

(6) A progress report must be laid before Parliament once it is published.

141C Annual reports on discharges from storm overflows

(1) A sewerage undertaker whose area is wholly or mainly in England must publish annual reports in relation to the undertaker’s storm overflows (“storm overflow reports”).

(2) A storm overflow report must specify, for each of the sewerage undertaker’s storm overflows—

(a) the location of the storm overflow;

(b) the watercourse, body of water or underground strata into which the storm overflow discharges;

(c) the frequency and duration of discharges from the storm overflow in the period to which the report relates;

(d) where the information is available, the volume of each discharge in that period;

(e) information on any investigations that have taken place or improvement works that have been undertaken in relation to the storm overflow during that period.

(3) Storm overflow reports are to relate to successive calendar years, starting with 2021.

(4) A storm overflow report must be published by a sewerage undertaker before 1 April in the year after the calendar year to which it relates.

(5) A storm overflow report must—

(a) be in a form which allows the public readily to understand the information contained in the report, and

(b) be published in a way which makes the report readily accessible to the public.

(6) The duties of a sewerage undertaker under this section are enforceable under section 18 by—

(a) the Secretary of State, or

(b) the Authority, with the consent of or in accordance with a general authorisation given by the Secretary of State.

141D Environment Agency reports

(1) The Environment Agency must publish annual reports in relation to the operation of storm overflows of sewerage undertakers whose area is wholly or mainly in England.

(2) A report under this section must specify—

(a) the location of the storm overflows;

(b) the watercourse, body of water or underground strata into which the storm overflows discharge;

(c) the frequency and duration of discharges from the storm overflows in the period to which the report relates;

(d) where the information is available, the volume of each discharge in that period.

(3) Reports under this section are to relate to successive calendar years, starting with 2021.

(4) A storm overflow report must be published by the Environment Agency —

(a) before 1 April in the year after the calendar year to which it relates, and

(b) in such manner as the Environment Agency thinks fit.

141E Interpretation of Chapter 4

(1) In this Chapter, references to a storm overflow of a sewerage undertaker are to any structure or apparatus—

(a) which is comprised in the sewerage system of the sewerage undertaker, and

(b) which, when the capacity of other parts of the system downstream or of storage tanks at sewage disposal works is exceeded, relieves them by discharging their excess contents into inland waters, underground strata or the sea.

(2) References in this Chapter to discharges from a storm overflow do not include discharges occurring as a result of—

(a) electrical power failure at sewage disposal works,

(b) mechanical breakdown at sewage disposal works,

(c) rising main failure, or

(d) blockage of any part of the sewerage system downstream of the storm overflow.

(3) Section 17BA(7) (meaning of sewerage system of a sewerage undertaker) applies for the purposes of subsection (1).”