Policy and strategy
Environmental regulation of overflows: action plan
A plan to ensure water companies effectively manage and operate their network of sewers.
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Overview
To ensure water companies effectively manage and operate their network of sewers, changes to current regulatory approaches and strengthening of environmental regulation have been examined.
NRW is reviewing and implementing changes, where appropriate, to the current regulatory framework to ensure clear guidance, processes, and regulatory tools for improving poorly performing assets are in place to ensure that all storm overflows operate within the parameters of their permit.
We will ensure that overflow data is easily accessible and understandable to a wide range of stakeholders and the public, building on the current methods of reporting data.
Our commitments
Our Commitments: The actions being taken forward within this workstream are all aligned to the Welsh Government Programme for Government 2021-26 and the Wellbeing goals of:
- Building a stronger, greener economy as we make maximum progress towards decarbonisation.
- Make our cities, towns, and villages even better places in which to live and work.
- Embed our response to the climate and nature emergency in everything we do.
- Begin to designate Wales’s inland waters for recreation, strengthening water quality monitoring.
It is acknowledged that as part of the action plan around regulation there may be instances where changes to current legislation or direction from Welsh Government will be required. Any changes to current requirements will be discussed and progressed via the ‘Better River Water Quality’ taskforce
| Lead Organisation | Action | Why? | By When |
|---|---|---|---|
| Taskforce | Welsh Government report on Storm overflows. The taskforce will review the outputs of the independent study (due Summer 2022) to set achievable and affordable short-, medium- and long-term targets for the prevention of ecological harm of our riverine waters. Agreed targets will then be published within the Regulation Roadmap Action Plan |
We recognise the need to put plans in place to ensure no storm overflow causes environmental harm of the ecological status of our rivers | March 2023 |
| Natural Resources Wales | NRW will look to integrate regulatory datasets and make information on storm overflows and spills easily accessible to the public and stakeholders. |
We recognise the need to be open and transparent on the data provided as part of permit requirements. We will ensure that data provided is accurate and timely for all users | Ongoing |
| Natural Resources Wales | We will provide an annual report on the performance and regulation of storm overflows. |
Responding to concerns by stakeholders and the public, we will produce a report on the performance of storm overflows and any associated action for improvement, including any enforcement response where relevant. | First report to be produced by end of March 2023 |
| Natural Resources Wales | We will review our existing use of data, assessment tools and internal guidance to ensure our officers are able to carry out regulatory checks and actions at storm overflows |
We recognise a need to restore the confidence others have in NRW to deliver its regulatory duty. We will demonstrate our response through the actions in response to storm overflow management | Work has already started, subject to funding we will aim to complete a full review within 18 months of release of the action plans. |
| Natural Resources Wales | We will implement improvements to our regulatory tools and guidance to improve our regulatory response. |
We recognise a need to restore the confidence others have in NRW to deliver its regulatory duty. We will demonstrate our response through the actions in response to storm overflow management | Work has already started, subject to funding we will aim to complete a full review within 18 months of release of the action plans. |
| Natural Resources Wales | We will review and increase our audit activities around Operator Self-Monitoring and Operator Management Assessments. |
Ensuring the water companies maintain assets is key to guarding against poor operation. Likewise ensuring that water company management procedures are in place and audited form part of building trust with the public and stakeholders | Increase in regulatory activity in 2022-23 which will be highlighted in the Storm Overflow annual report (action 2). Ongoing programming of work for future years will be built into NRW work programmes |
| Natural Resources Wales | We will revise our current approach and policies regarding storm overflow regulation, enforcement, and planning |
Taking account of the evidence from screening and evidence workstreams we will revise our current approach ensuring our policy delivers for the environment and customers. |
December 2022 |
| Natural Resources Wales | We will complete our programme of work to ensure all unpermitted assets are brought under the Environmental Permitting Regulations. |
We have identified and put in place a process for bringing unpermitted assets into our regulatory control. We are working with water companies to ensure that when issued these assets do not pose harm to the environment | Work is already underway as part of a 2-year permitting programme. Permits will be issued as assets are evaluated and demonstrate compliance with standards. |
| CCW | We will contribute to designing and implementing a single assistance scheme that targets the most financially vulnerable to help generate headroom for environmental resilience investment. |
More effective support for those customers who struggle to pay, this could mean that further and quicker investment could be acceptable as the most financially vulnerable customers will have greater protection. | Ongoing |
| CCW |
We will continue to ask that regulators and companies consider CCW, company and other customer evidence to inform storm overflow response/regulatory action and future investment. Customers (and citizens generally, not just bill payers) help shape regulatory response, Wales National Environment Programme and future Ofwat decisions so these can deliver environmental improvements they expect. |
CCW’s 2021 Environment research 2021 shows that water customers recognise the need to look after the environment and expect water companies to take meaningful action. | Ongoing |
| Ofwat | Ofwat will continue and conclude its investigation into the actions of all Water and Sewerage Companies in Wales (and England) | Ofwat is currently investigating concerns around the management and operation of companies’ waste water network and treatment works | Currently ongoing, details will be provided at an appropriate time. |
| Ofwat | Ofwat will consider the specific circumstances in Wales when assessing the business plans from 2024 and beyond. Ofwat will take these specific circumstances into account when determining the most appropriate and affordable actions. | To ensure that the specific circumstances in Wales are considered. This shall include the provisions laid out in The Well-being of Future Generations (Wales) Act (2015) and The Environment (Wales) Act. Ofwat will encourage the Welsh water companies to include customers and wider stakeholders in co-creating their solutions and shall prioritise nature-based solutions where appropriate. | Next price review in 2024 and subsequent price reviews (currently every 5 years) |
| Ofwat | Ofwat will consider long term resilience in assessing the business plans in 2024 | The taskforce recognises that changing climate and population will further drive companies to prioritise long term solutions and investment. | 2024 and beyond. |