Fourth Report - Water quality in rivers

The government agrees that improving river water quality is a principal objective for meeting the legally binding duty to halt the decline in domestic species by 2030, recognising its vital role for biodiversity and habitat restoration.

The government states it is already taking action through research projects, developing a chemicals strategy and a Prioritisation and Early Warning System (PEWS) for chemicals of emerging concern. They are also developing non-target screening in water, biota and sediment allowing the detection of the presence of more than 65,000 different chemicals.

The government acknowledges the need for urgent action and highlights existing plans and efforts related to salmon populations and general water quality, but does not specifically address the committee's concerns about poor monitoring arrangements for public safety or the prevalence of specific pollutants for river users.

The government agrees on engaging stakeholders and expanding the evidence base regarding pollutants and antimicrobial resistance, referencing ongoing programs, but does not explicitly commit to the Environment Agency extending its regular monitoring of substances in rivers.

The government states they recognise the threat of antimicrobial resistance (AMR) and are already working to expand their evidence base and understanding via the £19m Pathogen Surveillance in Agriculture, Food and the Environment project and engagement with the water companies’ Chemicals Investigation Programme.

The government states that anyone can apply for a new bathing water designation and the Government then considers those applications, and that it encourages applications annually and is actively exploring ways to make the application process more accessible.

The Government states that it is already working closely with the Environment Agency, the Storm Overflows Taskforce and the water industry on relevant proposals to enable this and ensure accountability, mentioning water company commitments to full event duration monitoring and a duty to monitor water quality upstream and downstream.

The government agrees it is important bathers have access to timely information on water quality and refers to existing signage requirements and pollution risk forecasting services. They will make use of learning from existing trials such as sensor technology to indicate water quality.

The government outlines ongoing and planned actions through environmental land management schemes and an expanded Catchment Sensitive Farming partnership to incentivise farmers to reduce agricultural pollution and improve water quality, particularly in areas draining into bathing waters.

The government agrees that designating river bathing waters to protect public health is important and complements ecological status, but highlights the distinction between public health measures and those that improve ecological health. It does not commit to actively encouraging specific designations or requiring water companies to outline plans.

The response discusses modelling and monitoring of the water environment to detect nutrient flows across catchments, as well as concerns about the stalling effect of nutrient neutrality on new housebuilding, which is irrelevant to the recommendation about real-time sewage discharge information.

The government discusses its ongoing package of support for farmers to manage nutrients sustainably through environmental land management schemes, but does not specifically commit to ensuring ELMS targets support for farmers adjacent to designated waters to minimise faecal contamination.

The Government agrees that minimum standards for mitigating water pollution from agriculture should evolve over time to improve water quality. They state they are already taking action to improve the effectiveness of the regulatory framework, referencing guidance on the Farming Rules for Water and the slurry infrastructure grant scheme.

The Government is committed, in the Agricultural Transition Plan, to make funding available for farmers to improve their slurry infrastructure (including storage and covers) from autumn 2022. Funding is currently offered for separation, scraping and precision-spreading techniques, enabling farmers to start making upgrades and improvements to their slurry systems.

The government states that work is already underway to improve understanding of emerging risks of sewage, citing microplastics studies and the Chemical Investigations Programme, and that they are working with the Environment Agency on policies for safe and sustainable sludge use.

The government's response discusses microplastics and wastewater treatment, failing to address the recommendation concerning planning permission for intensive livestock units and their impact on catchment nutrient budgets.

The government response discusses the Environment Agency developing systems to analyze data from Event Duration Monitors, but does not address the recommendation to amend the Farming Rules for Water or the need for cooperation with farmers.

The government states that the water industry is required to install continuous monitors upstream and downstream of all its sewage discharges and the Environment Agency will supplement this, and that the development of sensors is largely a matter for manufacturers.

The government does not accept the recommendation, and states that the Environment Act requires notification of spills occurring within 1 hour of the discharge and continuous monitoring of the environment.

The government is exploring the best way to make data generated by the Environment Act duties available to the public. Ofwat agrees that reporting needs to be suitably detailed, accessible and transparent to all, and note companies have existing obligations in relation to environmental information under the Environmental Information Regulations 2004.

Ofwat wants to see serious pollution incidents reduced to zero by 2030 and the Government’s revised Strategic Policy Statement for Ofwat includes an expectation for Ofwat to ‘challenge water companies to demonstrate how they will achieve zero serious pollution incidents by 2030’.

The Environment Agency already records storm overflows operating in dry weather as pollution incidents.

The government agrees and states that the Environment Agency is reviewing its practices in the auditing of self-monitoring of wastewater treatment works by water companies through the Improving Water Company Performance Taskforce.

The government states that the independent Sentencing Council will consider the recommendation on improving the capacity to handle large volumes of data.

Ofwat expects performance-related executive pay to be linked to stretching performance delivery for customers, including environmental performance, and notes that it has written to remuneration committees underscoring its expectations. It will continue to examine this issue.

The government states that Ofwat continues to prioritise long-term investment and will continue to focus their regulatory approach to support long term customer and environmental outcomes.

The government highlights its Strategic Policy Statement for Ofwat, which supports increased use of nature-based solutions and references funding and initiatives already in place to promote them, including the WINEP taskforce. However, it makes no specific commitment to action regarding the Environment Agency's sampling practice.

The Government agrees with the recommendation.

The government states the Government will examine the main options for reducing pressures on existing infrastructure as part of the overall ambition to progressively reduce the harm caused and this will be consulted on in Spring 2022 and will include ambitious targets to reduce storm overflow discharges.

The Government welcomes the recommendation, notes that the Strategic Policy Statement makes clear that the current number of discharges is unacceptable and water companies must significantly reduce the discharge of sewage from storm overflows, and that outcomes will be set out in the Storm Overflows Discharge Reduction Plan.

The government discusses reforms to improve recycling consistency and roll out universal separate food waste collections, which is irrelevant to the recommendation about water company data publication.

The Government acknowledges the water industry's failure to meet the pollution reduction target and describes actions being taken regarding wet wipes and disposable nappies, including a call for evidence and ongoing research, but does not directly address the target.

The Government is committed to reviewing and consulting on Extended Producer Responsibility schemes for five important waste streams, including tyres, by 2025. A two and a half year research project was commissioned in February 2021 to better understand brake and tyre wear emissions. Work is soon to begin within the United Nations Economic Commission for Europe to develop an internationally harmonised method for measuring the abrasion rate of tyres.

While the government will encourage Textiles 2030 to consider what the textiles industry can realistically do to reduce microplastic pollution, it is not appropriate to introduce a new target, especially as evidence on the impact, sources, and potential preventive measures are not conclusive.

The government's response from the Department for Transport and National Highways addresses road funding and sustainability strategy, completely failing to engage with the recommendation about reclassifying storm overflow sewage spills.

The Department for Transport and National Highways agree that the mitigation of high risk outfalls will support Government objectives to halt species decline, but it is a non-sequitur to the committee's conclusion.

The government does not agree that permitting is an appropriate response for highway drains, stating it would add an unjustified regulatory and resource burden, but will keep the need for different approaches under review.

The government states it is conducting a review to inform a future consultation on these points, but does not directly address the committee's welcome of the existing Environment Agency and Ofwat investigation.

The government states that the National Planning Policy Framework already makes clear that major developments should incorporate sustainable drainage systems and that they will ensure that the Planning Practice Guidance reflects the position on the use of porous or permeable surfaces and prior approval requirement in relation to flood risk where relevant.

The Government is currently undertaking a review of whether to implement Schedule 3 of the Flood and Water management Act 2010, which introduces mandatory standards for new SuDS.

The government is undertaking a review of whether to implement Schedule 3 of the Flood and Water Management Act 2010, and states that it can address separate surface water and foul sewers as part of mandatory standards.

The government redirects responsibility to the Office for Environmental Protection (OEP), stating that the OEP will make independent decisions about prioritisation of its resources and exercise of its functions, including considering the committee's conclusions.

Government supports the use of natural capital in decision making and accepts that Ofwat should take natural capital into account in economic decision making, noting that it is already part of water company planning processes.

The Government highlights Ofwat's efforts to incorporate a natural capital approach in their decision-making for the next Price Review (PR24) and the introduction of this approach to assess the environmental implications of Water Industry National Environment Programme (WINEP) proposals.

Response provided at paragraph 26, which discusses Ofwat's responsibilities.

The government response discusses increases to the Environment Agency's budget for inspections and enforcement, but does not address the committee's intention to invite the regulator to appear before them routinely.

Defra and HM Treasury are engaging in discussions in 2022 about reviewing the Environment Agency’s ability to recover costs through charges for permits and related activities.

Defra has maintained Grant-in-Aid funding for catchment partnerships and will continue to evaluate funding sources to enable coordination of all stakeholders across river catchments. The government highlights existing funding for catchment partnerships and their success in attracting additional funding.

The Government states that much of the detailed information and tools required are already available nationally and at a catchment level, and that they are working with Local Planning Authorities to help them calculate nutrient budgets and identify nutrient mitigation.

The Government states that it has already committed to prioritize water quality in the new environmental land management schemes, citing the Secretary of State's statement in December 2021 and ongoing work with Natural England and the Environment Agency.

The government agrees citizen science can play an important role, including assisting the Environment Agency with monitoring, particularly through Catchment Partnerships. They state that this is already happening through the Catchment Monitoring Cooperative and the CaSTCo initiative.

The Government welcomes the focus on citizen science and CaBA partnership monitoring and encourages water companies to engage with CaBA partnerships, expecting the Environment Agency's links to ensure that citizen science data is taken into account.

The government indicates this is already being addressed through the Guiding Principles for Drainage and Wastewater Management Plans, published in February 2022, which require water companies to work collaboratively with other Risk Management Authorities in developing solutions to drainage issues.

The government claims to already support the use of blue green infrastructure, such as sustainable drainage systems and grey water recycling, and cites existing flood defence schemes and funding for nature-based solutions.

The government claims Ofwat encourages companies to put forward retrofit proposals for SuDS and is looking at how they can provide incentives for SuDS to encourage the extra benefits that they provide.

The Department for Transport and National Highways will examine the feasibility of using existing funds in the current road period (2020–2025) to support increased ambition in this area, and the Department for Transport is currently developing the third Road Investment Strategy (2025–2030) which provides an opportunity to set out our performance requirements and the associated funding required, but cannot make a commitment at this time.

The Department for Transport and National Highways agree that increased ambition and delivery should be supported and will examine the feasibility of using existing funds in the current road period to support this where possible.

The Department for Transport and National Highways agree that a level of increased ambition and delivery in this area should be supported and they will examine the feasibility of using existing funds in the current road period (2020–2025) to support this where possible. The Department for Transport is currently developing the third Road Investment Strategy (2025–2030).

National Highways agrees to set out its plans for how high-risk outfalls could be mitigated by 2030 by the end of the 2022/23 financial year, but cannot commit to performance requirements and funding at this time due to the ongoing development of the 3rd Road Investment Strategy.

The government does not agree that permitting is normally an appropriate risk management response for highway drains and that it would add a regulatory and resource burden which is not justified.

The government is conducting a review that covers the points raised, to inform a consultation in due course.

The Government is currently conducting a review which covers these points, to inform a consultation in due course.

The National Planning Policy Framework (NPPF) already makes clear that major developments should incorporate sustainable drainage systems, unless there is clear evidence that this would be inappropriate.

The Government is currently undertaking a review of whether to implement Schedule 3 of the Flood and Water management Act 2010, and states that the current non-statutory standards will be reviewed and become mandatory if the Schedule is implemented.

The government is undertaking a review of whether to implement Schedule 3 of the Flood and Water Management Act 2010, and states that it can address separate surface water and foul sewers as part of mandatory standards.

The government acknowledges the OEP's independence and states that it will be up to the OEP to decide how to prioritise its work, including considering the committee's recommendations.

The government agrees with the committee's conclusion, affirming that a significant shift in approach to improve water quality is essential for protecting freshwater biodiversity and achieving the target to halt species decline by 2030.

The Government acknowledges the need for action and refers to existing measures like the Environment Act 2021 and targets to reduce pollution, and plans to improve water quality in the update of the 25 Year Environment Plan in January 2023.

The government supports the use of natural capital in decision making and accepts that Ofwat should take natural capital into account. They state that Natural capital was included in the 2017 Strategic Policy Statement and Ofwat continues to incorporate natural capital into their regulatory framework, and will continue to work towards this approach.

The Government acknowledges the need for action and refers to existing measures like the Environment Act 2021 and targets to reduce pollution, and plans to improve water quality in the update of the 25 Year Environment Plan in January 2023.

Ofwat agrees to fully reflect a natural capital approach in PR24, outlining how it will strive to integrate it into WINEP proposals and introduce other metrics like biodiversity performance commitments, working with the Environment Agency and Defra.

Defra has increased the Environment Agency's budget for inspections and enforcement of the farming sector and water companies, inspections and increased funding to enable the Environment Agency to modernise and digitise their water quality monitoring system.

The government has reviewed the Environment Agency's budget, significantly increasing funding for inspections, enforcement, and monitoring. However, it does not explicitly commit to reviewing the environmental permitting charging scheme provisions to ensure charges accurately reflect costs.

The government welcomes the report, outlines its broader priorities and existing actions for water quality improvement, and commits to a comprehensive approach in the 25 Year Environment Plan update in January 2023, but does not address the specific recommendation to examine increased funding for Catchment Based Approach partnerships.

The Government agrees with the intention behind this recommendation and says there is information available nationally and at a catchment level as part of the Environment Agency’s River Basin Management Planning process and that they are working with Local Planning Authorities (LPAs) to help them calculate nutrient budgets and identify nutrient mitigation to allow development to continue.

The government agrees on the need to incentivise action for water body improvement through existing and future agri-environment schemes, with a focus on water quality and reducing nutrient leaching, but does not commit to calculating nutrient budgets for each river catchment.

The Government agrees and has committed to prioritise water quality in the delivery of the new environmental land management schemes, for example, the Sustainable Farming Incentive will focus on actions to reduce nutrient leaching and protect soils.

The government agrees that citizen science can play an important role, including in assisting the Environment Agency with monitoring, particularly through Catchment Partnerships. They highlight the Catchment Monitoring Cooperative which obtained £1.7 million in funding from Ofwat’s Breakthrough Water Challenge fund last year to kickstart the scheme in eight catchments and the CaSTCo project.

The Government welcomes the focus on citizen science and CaBA partnership monitoring and encourages water companies to engage with CaBA partnerships. They expect the Environment Agency's links to the water industry and catchment partnerships should ensure citizen science data is taken into account.

The government states that its Guiding Principles for Drainage and Wastewater Management Plans, published in February 2022, already require water companies to work collaboratively with other Risk Management Authorities in developing solutions to drainage issues.

The government reviewed and made changes to partnership funding rules for flood grant in aid in 2020, promoting more nature-based solutions and surface water schemes such as sustainable drainage systems. Through drainage and wastewater management plans they expect sewerage companies to fully assess wastewater network capacity and develop collaborative solutions with local authorities and other bodies to manage the challenges of a changing climate and extreme weather events.

The government states it already reviewed and made changes to partnership funding rules for flood grant in aid, promoting nature-based solutions and surface water schemes. They expect sewerage companies to assess wastewater network capacity and develop collaborative solutions with local authorities to manage climate change and extreme weather events, including retrofitting sustainable drainage systems where appropriate.