Environment Act 2021

81 Reporting on discharges from storm overflows

In Chapter 4 of Part 4 of the Water Industry Act 1991 (as inserted by section 80 above), after section 141D insert—

“141DA Reporting on discharges from storm overflows

(1) Where there is a discharge from a storm overflow of a sewerage undertaker whose area is wholly or mainly in England, the undertaker must publish the following information—

(a) that there has been a discharge from the storm overflow;

(b) the location of the storm overflow;

(c) when the discharge began;

(d) when the discharge ended.

(2) The information referred to in subsection (1)(a) to (c) must be published within an hour of the discharge beginning; and that referred to in subsection (1)(d) within an hour of it ending.

(3) The information must—

(a) be in a form which allows the public readily to understand it, and

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

(4) The duty of a sewerage undertaker under this section is 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.

(5) The Secretary of State may by regulations make provision for exceptions from the duty in subsection (1) or (2) (for example, by reference to descriptions of storm overflows, frequency of discharge or the level of risk to water quality).

(6) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) The Secretary of State may not make regulations under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.”