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Month: June 2024

Very high E.coli levels discovered on Thames ahead of Henley Royal Regatta

Posted on by lewis
Sir Steve Redgrave, Chair of the Committee of Management for Henley Royal Regatta. © Jim Donahue/ River Action

Water quality testing by River Action citizen scientists has revealed alarmingly high levels of E.coli bacteria from sewage pollution along the River Thames used for next week’s Henley Royal Regatta – with qualifying races today involving approximately 4,000 rowers.

With the General Election next week, River Action want urgent action from politicians on the UK’s water pollution emergency. The campaign group calls on whichever party forms the next government to adopt its five-point plan to save the UK’s rivers, including prosecuting the polluters, and properly resourcing and reforming the environmental regulators which have allowed the desecration of rivers like the Thames for more than a decade.

The regular testing on the Thames – near Fawley Meadows where the effluent from the Henley sewage treatment works enters the river – by the Henley and Marlow River Action group started on the 23rd May and continues until 7th July, the last day of the Regatta. Using a Fluidion World Health Organization verified E.Coli analyser, and results analysed by Earthwatch, the tests revealed levels of E.coli up to 25,000 CFU (colony forming units) per 100ml. This is more than 27 times higher than what the Environment Agency grades designated bathing waters as poor, the bottom of four categories.  When bathing water is graded ‘poor’ the Government’s advice is against bathing. The testing locations suggest that the source of pollution is from Thames Water discharging treated effluent containing bacteria, and untreated sewage directly into the river and its tributaries.

Safety guidelines issued by Henley Royal Regatta

As part of its ongoing commitment to ensure the safety and well-being of participants of the Henley Royal Regatta, the event organisers have included the latest ‘Guidance on rowing when water quality is poor’ to all rowers entering the competition. The guidance was written by British Rowing, River Action and The Rivers Trusts, with the aim of minimising the risk of illness due to proximity to polluted water.

Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.

CEO of River Action James Wallace said, “It is shocking that we have had to issue health advice to the competitors of the Henley Royal Regatta. Thank goodness the organisers are showing a duty of care to the rowers by issuing guidance that will help to keep competitors safe.  Clearly, rower and river user health is a priority. We applaud them for their actions and hope everyone competing in the Regatta stays healthy. As we saw at the recent university Boat Race in London on the River Thames, there is a risk that rowers can become unwell from waterborne pathogens which not only affects their race but puts their health and sport at risk.”

Mr Wallace blamed the river pollution on Thames  Water. “The river pollution is most likely the fault of Thames Water.  On behalf of rowers and Thames communities, we demand that they stop this deluge of raw sewage, which threatens river users with serious sickness and the river’s biodiversity. This is a health emergency. The new government must get a grip of the water pollution crisis and ensure that water companies, including Thames Water, invest urgently in upgrading wastewater treatment plants and fix their leaky infrastructure before someone becomes seriously ill, or worse. 

“Rivers should come with a health warning. Citizens are doing the job of regulators and industry because there is insufficient testing – even at international sporting venues – and no duty of care shown by the Environment Agency or the Department of Health and Social Care. During this election week we urge the public to vote for clean rivers.”

Responding to the results of water quality testing on the River Thames at Henley, Sir Steve Redgrave, the most successful male rower in Olympic history and Chair of the Committee of Management for Henley Royal Regatta said, “Today’s findings provide a stark reminder of the impact that sewage pollution is having on our rivers. Henley Royal Regatta supports the research undertaken by River Action, which highlights the essential work that needs to be done to improve the cleanliness of our waterways for all to enjoy. Our rowers train daily all around the country. Our waterways are vitally important to our competitors racing, but also to all those athletes training on a daily basis nationwide. Our top priority has been, and always will be, the safeguarding of our competitors. This year, as part of the documentation provided to all entrants competing in the Regatta, everyone is being given the latest guidance from British Rowing on how to protect themselves.”

Citizen Scientist Dave Wallace from Henley and Marlow River Action Group who conducted the testing said, “The river in Henley is internationally famous and has one of the highest levels of recreational and sporting uses of any stretches on the Thames. It is so badly polluted by dangerous levels of E.coli and other pathogens primarily from sewage, as shown by our testing which can be harmful to people’s health. We need action now to clean up the river. We cannot wait!”

Naturalist and television presenter Steve Backshall said, “The continual release of pollutants into the Thames is causing havoc for wildlife and people alike. Events like Henley that have been running for 185 years are at risk, all because of inaction from failing water companies. The British public deserve better. In an election month it’s worth knowing only the Greens and Lib Dem’s are really running with fixing this public disgrace as a part of their manifestos.”

Clean rivers campaigner Feargal Sharkey said, “The Government has allowed Thames Water to accrue £15 billion in debt rather than invest in maintaining and upgrading their sewage infrastructure. This failing corporation and frequent polluter needs to be put into special administration and refinanced without a public bail out, with the new government assuring its 15 million customers they will not pay the price of decades of deregulation and profiteering.”

This General Election River Action asks all candidates to save our rivers through 5 asks:

1.    SEWAGE – Significant reform of OFWAT’s failed regulation of the water industry with increased testing, fines, and investment.

2.    AGRICULTURE – Clamping down on pollution through strengthened regulation of intensive livestock and dairy farming and increasing support for sustainable farming practices. 

3.    PUBLIC HEALTH – Ensuring the Environment Agency properly monitors our rivers and publishes transparent data and guidance about when it is safe to use rivers.

4.    WATER SCARCITY – Building more reservoirs and fixing leaks so we do not run out of water. 

5.    ENFORCEMENT – Properly funding environmental protection agencies instructing them to take firmer action against polluters including by increasing sanctions.

“As voters make up their minds on who should lead the country, we encourage everyone to consider supporting a party that takes on the water polluters and demands reform of our environmental regulators and restructuring failing water companies. Everyone should be able to enjoy our rivers and seas without risking their health,” said the CEO of River Action James Wallace.

Hustings tonight at the Henley River and Rowing Museum

Tonight at 1800, at the Henley River and Rowing Museum, a General Election hustings takes place where candidates from the constituency of Henley and Thame will provide voters with the opportunity to understand how they would address water pollution on the River Thames and how their parties will solve the crisis nationally.  Attending:

  • Caroline Newton, Conservative (confirmed)
  • Jo Robb, Greens (confirmed)
  • Nanda Manley-Browne, Labour (confirmed)
  • Freddie van Mierlo, Liberal Democrats (confirmed)

The hustings are preceded by short talks on water pollution and solutions with River Action, British Rowing, Earthwatch and citizen scientists.

ENDS

For media interviews call Ian at River Action on 07377 547 362 or email media@riveractionuk.com

NOTES TO EDITORS

River Action

In the interests of transparency and to encourage openness about data collated on the UK’s rivers, River Action has published the findings of its water quality testing at Fawley Meadows, Henley-on-Thames. The results, verified by Earthwatch, can be found on their website here and on another site by the River Thames Water Quality Testing Group here. For ease of use, you can also download the Earthwatch report website here.

On 23rd May 2024, the Henley and Marlow River Action Group commenced regular water quality testing on the Thames used for the Henley Royal Regatta. Testing continues until 7th July, the last day of the Regatta. Test results between 23rd May and 25th June indicate a mean, from 27 tests, of 1,213 E.coli colony forming units (CFU) per 100ml of water. This excludes our highest recorded spike (19th June) so far which reached 25,000 CFU, more than 27 times the acceptable limit. This reading was verified as a “good” reading by Fluidion, but we have chosen to remove it. The second highest reading reached 8,001 on 16th June. Of the measurements taken in Fawley Meadows, 47% were above 900 cfu/100 mL; meaning that they do not meet the threshold for sufficient water quality based on DEFRA’s Inland bathing water standards. To meet bathing water quality standards, this level should be below 900 CFU per 100ml to meet the lowest water quality deemed safe for swimming. By comparison, the Environment Agency conducts between 3 and 20 water quality tests at official bathing water sites between May and September to decide the status. According to the Environment Agency, an inland water registering 900 CFU or greater is unsafe to swim. 

There will always be slight variations in the readings depending on the water quality testing lab or kit used.  In our case we have used a Fluidion World Health Organization verified E.coli analyser with the results verified by Earthwatch. This coliform incubator – the Alert One – is used by the Olympic team in France to check water quality on the River Seine. It is regarded as highly accurate and reliable and is being used increasingly across Europe and the UK.

We have conducted our testing over the last month very near the Henley sewage treatment works whose final effluent – and untreated discharges – pass Fawley Court and enter the Thames at Fawley Meadow on the Henley Mile used for the Regatta.  Thames Water test upstream of the Henley Mile at Marsh Lock and downstream at Hambledon Lock. They told us they test at those sites because they are easier to reach. We have asked them to test at the Fawley Meadows location, too.

Recordings are bound to be much higher near the sewage treatment works than 2km upstream or 5km downstream when the sewage discharge and final effluent are more dilute. We believe this is why their readings are so vastly different to ours and why, on one occasion, we recorded a reading of 8,000 and another of 25,0000 colony forming units (CFUs) per 100ml, which is more than 27 times higher than what the Environment Agency grades designated bathing waters as poor, the bottom of four categories.  When bathing water is graded ‘poor’ at 900 CFUs, the Government’s advice is against bathing. The testing locations suggest that the source of pollution is from Thames Water discharging final effluent which is not treated for bacteria and untreated sewage directly into the river and its tributaries. There is very little intensive agriculture anywhere near Henley so the likelihood of farming elevating E.coli levels is low.

There is no legal requirement to remove bacteria from treated final effluent. This is known as tertiary treatment. We have asked Thames Water to invest in tertiary treatment at Henley STW and upstream at Wargrave or anywhere else that could be endangering the water quality of Henley-on-Thames.

The E.coli bacterium is found in faeces and can survive in the environment. It can cause a range of infections including urinary tract infection, cystitis (infection of the bladder), and intestinal infection, stomach cramps, bloody diarrhoea, and vomiting. In the worst of cases, some strains of E.coli can lead to life-threatening sepsis (blood poisoning) requiring urgent medical attention.

River Action conducts citizen science on waterways to determine whether there are pathogens present harmful to the health of humans and wildlife. We are on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.

Henley Royal Regatta

Henley Royal Regatta, founded in 1839, is the best-known rowing regatta in the world, renowned for its match-racing. It is one of the highlights of the summer sporting and social calendar in the UK, as well as the rowing calendar internationally. Nearly 400 races are staged at the Regatta, featuring Olympians and emerging stars from around the world.

For enquiries on any of the above, please email press@hrr.co.uk  

‘It’s the water, stupid’ – the big challenge for any new government

Posted on by lewis

By Martin Salter, Angling Trust Head of Policy

‘When the world ends, someone will have daubed on a wall somewhere “It was the water, stupid” in a parody of Bill Clinton’s famous campaign reminder to his team to remain focused on what matters most.

As an angler I’ve lived all my life in, on or beside water. The rivers, oceans, lakes and ponds that have been my obsession for more than half a century are dying before our eyes. Either sucked dry by our relentless demand for more of this most precious natural resource or engulfed in a tidal wave of sewage and slurry, often both. Short sighted stupidity has been the hallmark of national water policy since before the Industrial Revolution. The current situation is little short of alarming:

  • Only 14% of our water bodies are now in good ecological condition.
  • In 2023 a total of 579,581 sewage spills recorded from storm overflows in
  • England and Wales for a total duration of 4.6 million hours.
  • Wastewater infrastructure replacement rate for pipes and main sewers is runnin at 0.05% of the network per annum – 10 times longer than the European average – meaning sewers with a 100-year life expectancy are meant to last for 2,000 years.
  • Environment Agency numbers show that in just the last year at least 120,000 fis were killed in sewage-related pollution incidents – the true figure will likely have been much higher.
  • The Atlantic salmon is now officially classified as an endangered species in the UK.

With a general election just a week away the condition of our rivers and waterways is higher up the political agenda than it has ever been. This follows years of relentless pressure from energised campaign groups such as Surfers Against Sewage, Angling Trust & Fish Legal, The Rivers Trust, Wildfish, River Action and many angling and local groups across the country, ably supported by celebrity angling activists like Feargal Sharkey, James Murray and Paul Whitehouse. Whilst it’s pleasing for campaigners like me to see our chosen cause front and centre of political debate, what is less encouraging is the failure of all political parties to acknowledge the depth and scale of the problem or to apply any serious thinking as to what needs to be done.

Last year over 579,000 sewage spills were recorded from storm overflows in England and Wales

Soundbites won’t fix our rivers and seas, but here’s 12 things that will make a difference if we elect a government with the guts to do what’s necessary.

1) Recognise that there is no such thing as cheap water

My local water company, Thames Water, provides my three-bedroomed, semi-detached house in Reading with clean, drinkable water for a little over £1 a day. Absurdly, I can also use this heavily-treated liquid to water my garden, wash my car, and to flush my toilet. Speaking of which, my bodily waste is also taken away and allegedly treated before being discharged as effluent back into the same river system from which it came. That same pound will scarcely buy a bottle of water in a supermarket, or a glass of the stuff with added bubbles in a restaurant, yet people regularly hand over wads of cash without a second thought for both, even though what comes out of their taps costs almost nothing.

Water for almost nothing is no basis on which to build public policy about a basic resource on which all life depends, human, animal, bird or fish. Water needs to become as political in Britain as it is in other countries where living conditions are far harsher. Look behind many of the conflicts and tensions in the world today and what do you find? Conflict over water. Too much of it, causing sea levels to rise as we fail to heed the warnings of climate change and more of the earth’s surface becomes uninhabitable. Too
little of it, as warming temperatures turn once productive regions into searing dust bowls, causing millions of our fellow human beings to begin a giant migration in search of livable land.

2) Tackle the investment backlog

In 2021, my organisation jointly published a report looking at the sheer scale of the investment backlog facing the water industry. Called ‘Time to Fix the Broken Water Sector’, it exposed the ticking timebomb at the heart of the UK’s wastewater infrastructure that threatens the health of almost every river and stream in the land. The key finding were:

  • A £10 billion investment funding gap over the last 10 years.
  • The declining condition of rivers and streams due to increased sewage spills every year.
  • The absurd expectation of a 2,000-year lifetime for sewage pipes and other infrastructure.
  • Failure to build any new reservoirs in the south-east since 1976 despite a 3 million population increase and huge projected growth in house building.
  • Lack of investment in water supply has seen excessive groundwater abstraction drying up some chalk streams altogether and damaging many other rivers.
  • The impossibility of delivering commitments in the Government’s own 25 Year
  • Environment Plan and our legal obligation under the Water Framework Directive.
  • Failure of both the Government and OFWAT to heed the promises in the 2011 water white paper, or indeed the warnings from the National Infrastructure
  • Commission and the National Audit Office, about the pressing need for investment in water and sewerage systems to address the challenges of climate change and population growth.
  • The prospect of severe drought events causing parts of southern England to run out of water within 20 years.
  • The consequences of failing to invest in water infrastructure that will cost more in the long term – £40 billion versus £21 billion, and thousands of jobs.

Much of this sorry state was triggered by the politicians’ wish to kick the can down the road rather than face up to the looming water crisis. And behind all of this has been the thoroughly useless regulator OFWAT whose former Chief Executive and previous water industry fat cat, Johnson Cox, promised in 2017 – ‘a decade of declining water bills.’ He did this at a time when OFWAT had neither the engineering nor environmental expertise to make these judgements, unless, of course, you didn’t give a fig for the environmental consequences. As a result, the price limits were set so low that under-investment was inevitable, making a bad situation worse.

Cover of the ‘Time to Fix the Broken Water Sector’ document – download the full report

3) Abolish OFWAT

It is patently absurd to have two regulators allegedly overseeing the water industry. You can’t separate the consequences of economic regulation (OFWAT) from the impacts on the water environment (Environment Agency). The consequences of the OFWAT investment roadblock are plain to see. Here are a few examples:

  • OFWAT directly cut planned investment in PR19 (between 2020-24) by £6.7 billion (or £1.34bn each year). They even boasted about the size of investment they had prohibited water companies from making.
  • OFWAT held down bills below inflation for over a decade, removing around £11 billion from investment that should have been ring-fenced for improvements.
  • Allowing bills to increase with inflation over the last decade would have provided more for investment, which could have been ring-fenced for the most urgent projects. This would have been the equivalent of sufficient funding for up to half a dozen reservoirs or meeting overflow targets five years earlier.
  • OFWAT decisions overturned. Four companies successfully appealed their PR19 decisions to the Competitions and Markets Authority (CMA) who ruled as follows to:
  • Restore £7 million for Yorkshire Water to cut overflow spills, deliver wastewater upgrades, and the protection of tens of thousands of properties in Hull against flooding.
  • Restore £18.3 million for Northumbrian Water to prevent 365,000 properties in
  • Essex being cut off for a potentially extended period.
  • Protect £40 million investment in strategic water interconnection by Anglian Water, rejecting Ofwat’s decision that would have reduced the capacity of the interconnection pipes.
  • Restore £ 5 million for Anglian to increase its sludge capacity to minimise the operational resilience risk around their ability to deal with increased volumes.

OFWAT has clearly shown not to be fit for purpose. It should be abolished in favour of a publicly accountable single water regulator alongside a complete reform of the management and rebuilding of the UK’s water resources to deliver clean and plentiful water and wastewater infrastructure fit to meet the challenges of climate change and a growing population, without further damaging the environment.

4) Accept that underfunding leads to failure and underperformance

OFWAT’s rejection of necessary investment has directly caused problems. For example:

  • The whole industry was denied sufficient funding for leakage improvements over more than a decade.
  • They refused almost all of five English and Welsh companies’ climate resilience proposals to fund wastewater capacity upgrades, cutting the budget from £403 million to £16.4 million. This stopped £387 million of investment that would have allowed a half-decade head start on the storm overflows programme while also reducing sewer flooding.

Given the scale of both the environmental and economic challenge posed by a failing water sector with a crumbling infrastructure, the next government has little choice but to introduce primary legislation to abolish the two regulator model and overhaul the entire regulatory oversight of the industry to put environmental needs front and centre in a complete sector reset.

5) End the casino economy in the water industry

When water was privatised in 1989, the new companies were able to acquire public assets that were completely debt free. Thirty-five years later, companies like Thames Water are now a staggering £15 billion in debt and teetering on the brink of bankruptcy. A succession of private owners levered this debt mountain to strip out more than £7 billion in dividends to shareholders whilst paying eye-watering bonuses to top executives as a perverse reward for presiding over operational failure and turning a
blind eye to financial sharp practice. Vampire owners like Macquarie should never have been allowed to mortgage their company’s balance sheets to fund excessive dividends. OFWAT could and should have prevented it.

Every piece of this scandal took place right under the nose of OFWAT, whose senior directors see no contradiction in taking highly paid jobs in the same companies they are supposed to be regulating only the month before.

The next government needs a new Water Industry Act to either create entirely new community interest entities to operate the water infrastructure or, at the very least, to correct the gaping loopholes in the current legislation that allow public assets and vital public resource to be traded like Bitcoin irrespective of the looming threats to both the economy and the environment.

6) Give the Environment Agency the power and the resources to do its job

The EA has been systematically hollowed out by a 57% cutback in its resources since 2010 turning from the bulldog it should be into the ineffective lapdog it’s now become. Enforcement rarely occurs and when it does it can take years to bring polluters to court. Only a minority of reported fish kills will even trigger a visit from Agency staff who are now simply spread too thin to be effective.

The organisation has suffered from poor leadership and is massively risk averse at a time when environmental stakeholders and the public at large are looking to it to take tough action in defence of our rivers and waterways. The Environment Agency is now under new leadership. The next government must give them the resources to do the job, and make it clear it must hold polluters to account, and ensure the protecting the environment is its first, last, and only priority.

Only a minority of reported fish kills trigger a visit from Environment Agency staff

7) Treat water as national infrastructure priority

Part of any new deal for water must involve getting serious about planning and building control.  It must treat water as a national infrastructure priority. It’s crazy that planning for capital projects is squeezed into a five-year time frame. Something the nuclear industry, for example, would consider laughable. Reservoirs take years to plan, years to build and a long time to fill. We need long term investment planning if we are to be in anyway serious about resolving the challenges posed by declining water quality, climate change and population growth.

Here are some much needed reforms the new Environment Secretary should bring in immediately:

  • The National Infrastructure Commission should be instructed to set out the funding needed to:
    • Adapt to climate change
    • Restore infrastructure to a decent standard (e.g. by setting a target to
    • Match European average replacement rates by 2030)
    • Eliminate ecological harm
    • Eliminate all serious pollution incidents.

OFWAT (or its successor) should be required to deliver consent to match that level of funding or explain to Parliament why it hasn’t.

  • The new government should replace the clunky and little heeded Strategic Policy Statement for Water – currently the only way ministers can seek to influence the ‘independent’ regulator – with an Outcomes Direction to force them to take decisions in line with the priorities above.

While a new Water Act is necessary in the next Parliament these immediate measures would not require legislation. The current Water Industry Act just says that government should provide high-level guidance to the regulator. The problem is that it doesn’t.

8)  New legislation to reduce abstraction and improve water security

With 85% of the world’s chalkstreams located in England, our stewardship of these precious assets is little short of shameful. These globally recognised, iconic ecosystems should be exemplars of a pristine aquatic environment. Instead, some are now used as open sewers and others are sucked dry through over abstraction. The Hertfordshire chalkstreams such as the Rib, Beane, and Ver have been reduced to a shadow of their former selves and now are often completely dewatered in stretches that were once
home to a thriving population of brown trout and coarse fish. Water companies like Affinity find it easier and cheaper to suck the chalk aquifers dry rather than invest in the storage of winter rainfall.

A basic tenet of any water policy must be to collect surplus in times of plenty to guard against economic and environmental damage in times of scarcity. A new Water Act must enshrine this principle into law.

It should also do the following:

  • Streamline the planning process for water resources projects so that small projects, including nature-based solutions, that interlink are approved as one project.
  • Amend Development Consent Order legislation so that non-potable water schemes are eligible. This is crucial for speeding up delivery of water transfers in and between regions.
  • Set a clear target for drought resilience standards as legal minimums (currently they are advisory).
  • Reform building regulations to ensure proper water efficient homes (including appliance labelling and minimum efficiency standards).
  • End the developers automatic right to connect into the local sewerage system if it lacks sufficient capacity to treat the effluent to standard. Force developers to pay for local upgrades required by their proposals.
A reduction in abstraction is vital to stop rivers running dry.

9) Re-use wastewater

The UK is well behind other countries in using wastewater sensibly. For example, in Spain it’s a requirement to use treated wastewater on golf courses rather than abstracting fresh drinking water from the public supply.

We need to quickly follow what is already happening in Europe by using treated wastewater for agricultural irrigation and businesses. This would reduce demand and abstraction and could make a significant difference to river health thereby improving the environment for invertebrates and fish.

10) Overhaul the Environmental Permitting Regime

If having a combined rainwater and foul water sewerage system complete with storm overflows delivers ‘pollution by design’ the anomalies in the current permitting system create ‘pollution by permission’. The whole system needs a complete overhaul focusing on the health of the rivers and seas rather than treating them as dumping grounds of last resort when the system fails or trigger points are reached.

A particularly absurd anomaly sees water companies measured on what they keep in the pipe not what spills out of it. And the counting of storm overflow spills makes little sense as currently a five-minute spill is counted the same as one that lasts 12 hours. We need to move to assessed volumetric measures. It’s the volume of shit that needs counting, not the length of time a pipe might be dribbling. It is also ridiculous that pipes at the same sewage treatment site are individually permitted rather than permitting all the combined output with an incentive to maximise the treated flow.

11) Worry more about major system failure

The headline figures on sewage pollution are primarily around storm overflows, but just wait until the rising mains start crumbling as is already happening in the Thames Water region. That’s when we get total wipe out – when a problem becomes an environmental catastrophe. By 2050, in many of our water companies a majority of their rising mains will be over 100 years old and well past their sell by dates. In a few cases we are still relying on the brilliance of Victorian engineers to keep untreated sewage out of the
rivers. This is clearly not sustainable.

Of course, storm discharges are unacceptable, they are horrible and stink, but do a lot less damage than a fractured rising main sewer. Investment priorities need to be focused on reducing the most harm and this should include getting ammonia and phosphorus levels down in small streams in dry weather where the harm caused to fish and invertebrates is acute.

12) Embrace citizen science and involve stakeholders in the management of rivers

Anglers and local river groups invest millions of hours of volunteer time every year into the maintenance and improvement of water environments by clearing litter, restoring habitats and monitoring and fighting pollution. They see what is happening and are often ‘the canaries in the coal mine’. Currently the EA does nothing about discharges from septic tanks or from the growing army of live-aboard boaters. Local intelligence can help plug these gaps.

In 2022, in response to record levels of sewage discharges and the continued failure of the Environment Agency to properly monitor the threats to our rivers, the Angling Trust established a national Water Quality Monitoring Network of citizen volunteers to collect and analyse water samples in their areas. It has now engaged over 784 anglers from 278 clubs operating on 202 rivers across 68 catchments collecting around 5,600 individual samples. The results are alarming with 44% of samples exceeding recommended phosphate and nitrate levels, 200 incidents of algae blooms and 300 pollution incidents observed.

Citizen science clearly has a big role to play as we need much better data to make proper decisions but currently the EA won’t accept their results. This is absurd and we need the government to intervene and ensure a role for citizen volunteers alongside an accreditation scheme with independent verification.

Our Water Quality Monitoring Network shows citizen science has a big role to play in river management

Summary

The privatisation of our water industry has been a disaster and I doubt if any of the politicians likely to be in the hot seats in DEFRA have any real comprehension of the extent and scale of the problems they are about to inherit. But let’s not get too starry eyed about the record of the sector in public ownership for there really was no ‘golden era’ when the rivers flowed bright and clear and the taps kept running. In the 1950’s the tidal Thames in London was declared ‘biologically dead’ and further upstream around Staines, where I grew up, there were signs advising us not to bathe in its polluted waters.

There are now many rivers and streams that have been brought back from the brink primarily thanks to European legislation like the Urban Wastewater Treatment Directive, as well as tougher domestic controls. But rules and regulation require properly funded and empowered regulators with a clear sense of purpose that put the environment first. They also require an industry that is accountable and an infrastructure that it fit for purpose rather than the ‘creaking and leaking’ timebomb that is about to land on the desk of the new Secretary of State for the Environment.

By all means, play around with different ownership models that deliver proper accountability for this most vital of our public assets. But please, please don’t forget to fix the pipes.

Download a copy of our Angling Manifesto – Vote for a Fishing Future

Anti-sewage campaigners stage paddle-out protest on river next to Thames Water HQ

Posted on by lewis

River users alarmed at water pollution caused by Thames Water sewage spills will tonight at 17:30 stage a paddle-out protest on the River Thames near to the water company’s HQ, in an action coordinated by River Action and Surfers Against Sewage.

It follows localised water quality testing by citizen scientists in the area revealing E.coli to be present in the water. The testing took place between 9th June and 19th June and found an average of 741 E.coli colony forming units (CFUs) per 100ml. This is considered just below poor water quality by the Environment Agency (which is at 900CFUs) for bathing water quality standards, indicating that sewage is present in the river near to the headquarters of Thames Water and could cause sickness.

Chloe Peck from River Action, the group that supervised the water quality testing, said, “It is ironic that the testing we’ve done on the water near to Thames Water’s HQ indicates the river there is just about safe to swim in because wherever else they operate and we have taken water samples their sewage pollution presents a major health risk.  

“Earlier this year we found extraordinarily high levels of E.coli on the Thames used for the university boat race – 9,500CFUs – and in that case rowers did get very sick. Our message to Thames Water is a simple one: take responsibility for polluting the nation’s capital river, clean up your act and invest to fix your leaky infrastructure. Meanwhile, in this General Election we urge voters to hold politicians accountable and prioritise candidates that want clean rivers. Nothing short of a total overhaul of the water regulators and refinancing of Thames Water – putting people and nature before profit – will do.”

Giles Bristow, chief executive of Surfers Against Sewage, whose End Sewage Pollution campaign is touring the nation in the run up to the General Election and helped to organise the paddle-out protest said, “Thames Water’s greedy, grasping hands are stained with the utter filth they have been spewing into this iconic river. Our waterways should be havens for wildlife and wild swimmers but these precious public spaces have been hijacked by an industry single-minded in its pursuit of profit. From the riverbanks to the beachfront, we’re hearing loud and clear that a furious British public is ready to reclaim our waterways from the polluters.

“Communities across the UK helped lift the lid on the sewage scandal and they are now demanding to know how their prospective parliamentary candidates plan to end sewage pollution. Working alongside our friends at River Action, we’re delighted to give those in Reading a platform to do just that.

“A week in to our UK election road trip, we have been blown away by the passion and pride people have for their local waterways. One thing is clear: no matter who wins the election, the public demands an end to the sewage scandal and a thriving future for our rivers and seas.”

Hustings tonight

Tonight at 1830, River Action and Surfers Against Sewage co-host a General Election hustings where candidates from the constituencies of Reading West & Mid-Berkshire and Reading Central will provide voters with the opportunity to understand how they would address water pollution on the River Thames and how their parties will solve the crisis nationally.  Attending:

  • Carolyne Culver, Green (confirmed)
  • Henry Wright or Helen Belcher, Liberal Democrats (confirmed)
  • Tony Page, former Mayor of Reading (confirmed)
  • Olivia Bailey, Labour (not yet confirmed but likely)
  • Raj Singh, Conservative (not yet confirmed but likely)

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

Media can attend both the paddle-out protest and the hustings. For the paddle-out at 17:30 the meeting point is Hill Meadows Car Park, RG4 8DH. The hustings take place at the same location.

How do rivers fare in the manifestos? A review by River Action

Posted on by lewis

By James Wallace CEO, River Action UK

The water pollution crisis in our rivers, lakes and seas is one of the leading issues for the 2024 general election. River Action, joined by communities and organisations nationwide, has raised the alarm and called on voters to join the campaign. But are suggestions like The Charter for Rivers reflected in the manifestos?

Freshwater is the lifeblood of our land, enabling food and water security, underpinning our economy, literally sustaining lives. But our rivers and lakes are dying – only 14% of rivers in England are in good ecological condition and 83% of rivers are highly polluted by sewage and agriculture. 

Earlier this year, water quality testing from River Action revealed high levels of dangerous E.coli bacteria in the River Thames ahead of the famous Boat Race. With 3.6 million hours of raw sewage spilled in 2023 and water companies accruing £64 billion in debt since privatisation while rewarding shareholders with £78 billion of dividends, this is no surprise. Known by many of our neighbours as ‘The Dirty Man of Europe’, the UK has some of the worst water quality.

Meanwhile, we risk running out of clean freshwater with no joined-up national plan. Water companies leak 3 billion litres every day, and we are facing a shortfall of 5 billion litres a day in just a few years.

Now that we are clear on the scale of the crisis, let’s look at how our rivers, lakes and seas could be protected and restored in the next government.

Labour

Starting with (according to the polls) the frontrunner candidate for the next government. The manifesto essentially wrote itself from various recent Labour announcements. Having first trumpeted it would ban bonuses for polluting water company bosses’ in October 2023, they have made it a top feature in the manifesto. Likewise bringing criminal charges against persistent lawbreakers. This is a welcome policy but not the urgent systemic root and branch regulatory reform needed.

How, we wonder, will they accelerate the penalty and prosecution process, having committed to automatic and severe fines? It took 6 and 4 years respectively for Thames Water and Southern Water to be prosecuted for major fish kills by the poorly performing Environment Agency. It needs a new bold government to give the enforcers back their sharp teeth. Labour’s commitment to independent pollution monitoring is well received. We can’t have polluters marking their own homework. But, with the Environment Agency notoriously turning-up late and downgrading serious pollution incidents, we need the threat of immediate inspections reinstated to rattle illegal polluters.

In March this year, Labour vowed to put water companies into special measures to force them to clean up their toxic mess and protect people’s health. This made the manifesto, but the party has been light on detail of what these special measures would be. For example, what is their commitment to ensuring the taxpayer does not bail out a failing water company like Thames Water?

Labour has remained quiet on agricultural pollution, likely due to its targeting of rural votes and pacifying the National Farmers’ Union. The manifesto recognises that the Environmental Land Management scheme (ELMS) must work for farmers and nature. But unlike the other manifestos it does not put a number on what support would look like. A missed opportunity to support struggling farmers.

Surprisingly, there is nothing on water scarcity – how can a party claim to prioritise growth when our freshwater, therefore economy, is at risk of drying up? 

Conservative

With the backdrop of an attack on net zero costs and threat of new oil and gas licensing rounds, the Conservative’s environmental manifesto pledges are a roundup of the policies introduced while in government. Why does it take an election to announce reviewing Ofwat’s dreadful Price Review process? They lack ambition compared with 2019 and what is needed to remedy more than a decade of environmental degradation. 

Their manifesto is marred by almost daily news about the failing water industry while under their tenure – most recently, analysis from the BBC found every major English water company has reported data showing they have discharged raw sewage when the weather is dry. We are concerned to see the returned threat of scrapping the nutrient neutrality rules which protect vulnerable waterways. If last autumn’s Commons v Lords debacle is anything to go by, can we expect the Conservatives to continue to set up housing against clean rivers? We can and must have both. And the proposal to use polluter fines to fund nature based solutions will only work if sufficiently punitive and hefty. At the moment it pays to pollute.

We were pleased to see the River Wye get a mention in the manifesto. However, it was in reference to the ‘Plan for the River Wye’ which local campaigners have ridiculed for falling ‘far short’, countering with their own action plan to revive the river. The manifesto does at least recognise the need for an increased farming budget, with a commitment to increase it by £1 billion over the Parliament; mimicking but not matching a policy first mentioned at the Liberal Democrat conference last autumn.

As the Conservatives fight to hold their rural seats, expectations were almost non-existent about the potential for a shake up on their water policy. With the announcement of banning wet wipes made three times over as many years, we have become accustomed to repeated broken/recycled promises. Perhaps a new version of the Conservative party, reverting to its small ‘c’ conservative roots might emerge post election, incorporating more of the Conservative Environment Network’s manifesto for rivers, seas and waterways; such as linking water company CEOs pay with environmental performance and ensuring housebuilding doesn’t contribute to storm overflow discharges?

Liberal Democrats

After Ed Davey fell off a paddleboard in Lake Windermere to highlight the sewage crisis, it was no surprise that our polluted waters feature as the top Lib Dem environmental message. While they have long trailed their sewage policies, the manifesto included a few interesting new ideas. Policies include ‘blue flag standards’ and ‘blue corridors’ to drive clean and healthy waterways and giving local environmental groups a place on water companies’ boards. Restructuring water companies into public benefit companies could help put people and planet before profit, giving a voice to communities and ensuring financial rewards relate to environmental performance. Their proposed abolition of Ofwat may be a good step too… will a tough new regulator rise from the swamp?

A Sewage Tax on water company profits may resonate with voters, a direct way of linking environmental and financial performance. An explicit reference to enforcing laws on sewage overflows is welcome, but should extend to other water pollution including agriculture. The current damp squib advisory approach to law enforcement has led to the ecological collapse of rivers like the Wye. As with the other manifestos reviewed, there is limited explicit reference to the essential ingredients to regulatory reform such as an increase in Environment Agency inspections and publishing independent pollution monitoring data. The public has a right to know what goes into their inland and coastal waters – and who is to blame – and all parties should commit to transparency (which would also save the regulators time and money on information requests and legal prosecutions).

The Lib Dem manifesto does make the direct link between farming and rivers, with a commitment to “support farmers to reduce the pollution of rivers, streams and lakes” and plans to properly fund the Environmental Land Management scheme with an extra £1 billion a year. The creation of an Environmental Rights Act – guaranteeing everyone’s right to a healthy environment could help them achieve the target of doubling nature by 2050.

It seems that beyond the confines of electoral targets, the Lib Dems have an opportunity to position themselves as the party for water and broaden focus out from just sewage pollution. This was demonstrated with voter approval in the rural Tiverton by-election last year and may be repeated in the general election. But as with the others, there was silence on water shortages, although a single social tariff for water bills to eliminate water poverty was a nod in the right direction.

Green

Finally, to the Greens, who recognised in their manifesto launch that they have no expectations of forming a government but instead will play a key role in holding the party in power accountable. Their manifesto states what they will push for in parliament rather than what they would implement as Government. 

Backed by a promise to tax the super rich, the Green Party manifesto has the environment as one of its three key pillars, and directly recognises the food system as the “greatest driver of nature loss and pollution.” They would triple support for farmers to transition to nature friendly farming, and link payments to reduced use of pesticides and agrichemicals. And, they would end factory farming, which by default would significantly reduce agricultural nutrient pollution.

Greens would take water companies back into public ownership. Will that extend to reforming the environmental regulators and toughening enforcement? Under the current system, fines from water companies that are put back into protecting the environment equate to approximately 1% of funds distributed to shareholders. Such a derisory penalty, acts as a reward rather than deterrent for breaking the law.

The Greens propose tackling the water crisis through other means too. Setting aside 30% of land by 2030 to allow natural recovery of waterways, and assert a Right to Roam to increase access and people’s likelihood of caring about the environment that sustains them.

The potentially one or two new Green MPs will follow in the footsteps of Caroline Lucas, one of the few MPs to cast a wide net on raising river pollution issues, and after reading the manifesto we expect to see the new generation of Greens to do the same.

Reform

There is not much to say here. Reform’s manifesto commits to cancelling all EU inherited regulations (i.e. all our current environmental standards and protections) and abandoning any commitment to achieving net zero. The Reform Party will scrap climate-related farming subsidies and stop Natural England protecting wildlife. There is no reference to rivers or ending pollution.

In conclusion

It is very encouraging that four manifestos have cited water pollution but there’s little to get excited about. Whichever party forms the the next government has a long way to go to inspire belief that significant action will be taken to save our rivers, lakes and seas over the next parliament, as key measures were limited or missing from the manifestos including:

  • Sewage – significant reform of Ofwat’s failed regulation of the water industry to end decades of profiteering and pollution, and restructuring and refinancing failing water companies linking environmental and shareholder performance, putting people and planet before profits. 
  • Agriculture – strengthening regulation on intensive livestock farming and enforcing the law, limiting density of factory farms in catchments, supporting farmers with environmental incentives, enabling nutrient trading – turning farm waste into resource – and increasing farmers’ share of food pricing.
  • Water scarcity – restoring wetlands, building more reservoirs and fixing leaking water pipes so we do not run out of water; delivered through a nationwide plan to secure water within and between catchments, while decreasing demand for abstraction, protecting our most vulnerable waterways like chalk streams. 
  • Monitoring and enforcement – properly funding environmental protection agencies and water industry regulators, publishing independent pollution monitoring and sharing data with the public and between regulators, equipping and instructing them to take firm action against polluters. 

Protecting public health – ensuring the Environment Agency properly monitors our rivers and publishes transparent data and guidance about when it is safe to use rivers, and making water companies introduce tertiary treatment of final effluent in areas of high use and risk.

It’s not our job to tell anyone how to vote on July 4th, but as we head to the polls what we can do is constantly urge all politicians to put water – rivers, lakes and seas – at the heart of the next parliament. 

We must value water as if it’s the elixir of life and enabler of every aspect of our economy. We must start acting like we are in a freshwater emergency. That means a government that prioritises this urgent mission. One that will provide the financial and policy commitments, but also the leadership to rebuild trust and mobilise regulators, civil servants, politicians and industry into action. We need to welcome in a new era of collaborative working – across parties, sectors and communities – moving beyond blame and deceit to achieve rapid transformational systemic solutions. To do this, the new government must define and own the problem, be transparent and fulfil its promises now, not in future decades, and that starts with committing to wholesale regulatory reform backed by sufficient funding.

For real change, we need the new Secretary of State for the Environment to sit opposite the Prime Minister at Cabinet, next to the Chancellor of the Exchequer, and for the environment to be front and centre in our nation’s political future.

#VoteCleanRivers

James is Chief Executive of River Action. He is a naturalist, archaeologist and social entrepreneur and has established enterprises ranging from renewable energy, regenerative agriculture and green finance to ecotourism, nature restoration and deep sea exploration. Prior to helping Charles Watson develop River Action into a national charity, James was CEO and Co-founder of Beaver Trust where he led the coalition to protect and live alongside native beavers.

James campaigns to rescue Britain’s rivers using systemic, local solutions, working collaboratively in the freshwater emergency. He convenes national stakeholders, bringing together government, industry, NGO and community leaders to secure abundant, clean water and restore wildlife habitats, while holding polluters and regulators to account in the courts of public opinion and law.

Why we took the government to court

Posted on by lewis

By Charles Watson, chairman and founder of River Action.

Having spent a 25 year career in the crisis management end of the public relations industry, I recall counselling clients repeatedly that litigation was never something to take on lightly and the risks, almost without exception, will always outweigh the rewards.

And then, on 4 February this year, I found myself sitting as a litigant in Cardiff Crown Court, as our King’s Counsel rose to his feet to open River Action’s judicial hearing case against the Environment Agency and the Department for Environment, Food and Rural Affairs (Defra).

A clue to why I had ignored my own better judgment lay in a beautiful glass vial of water that was sitting beside me in the court room. It had been drawn the previous day from the River Wye and was presented to me as I entered the courthouse by members of some of the Wye community groups who had (very noisily) joined us that day outside the courthouse to demonstrate their solidarity.

Once well protected, the river is now almost dead

Often cited as one of our most loved rivers, the Wye rises high up in the Welsh mountain hinterland before flowing majestically through the English-Welsh borderlands to its mouth in the Severn Estuary. Our fourth longest river’s unique beauty and biodiversity has been recognised over the years by the award of some of the highest possible levels of environmental protection, such as its Special Area of Conservation status and the designation of swathes of its valley as Areas of Outstanding Natural Beauty.

But, devastatingly, within the space of less than a decade this magnificent river has become the UK’s Ground Zero of river pollution. One major cause has been the uncontrolled growth of the UK’s largest concentration of intensive poultry production, which has resulted in unsustainable quantities of toxic animal waste leaching into the river, causing untold ecological damage. Ninety five per cent of the Wye’s famous water crowfoot river weed has disappeared, snuffed out by putrid green algal blooms. Last summer, Natural England downgraded the river’s status to a level just one notch up from being pronounced dead.

It was for the Wye that we had gone to court.

To me, our legal case was incredibly simple. The environmental regulations that were there to protect the river had simply never been enforced by the very statutory bodies that were tasked to do so.

Failure to enforce farming rules has been catastrophic

The core of these regulations originated in 2018, when our then Environment Minister Michael Gove introduced the Farming Rules for Water. However, immediately on introduction, their non-enforcement farce began. Highly effective lobbying from the NFU ensured farmers were initially exempt from the new regulations, however Michael Gove’s predecessor at Defra Liz Truss, had already slammed the nails into the coffin of effective agricultural regulation by virtually closing down farm inspections, thus eliminating all means of future enforcement, with agricultural regulation shifting to an almost exclusively ‘advisory’ basis.

The net effect of this approach on rivers like the Wye has been nothing short of catastrophic. Every six weeks, when the sheds containing the catchment’s 25 million chickens are ‘harvested’, huge quantities of highly potent manure are shovelled out and spread (for convenient disposal) across the fields of the catchment. As a result, the soils of the Wye Valley have progressively become saturated with totally unsustainable levels of phosphorus. And the rest is history.

In our view, had the Farming Rules for Water been properly enforced, none of this could have happened. Indeed, the most important of these regulations (Rule 1 a) states clearly that: “Application of organic manures… to cultivated land must be planned in advance to meet soil and crop nutrient needs and not exceed these levels”.

However, guidance issued by Defra to the Environment Agency (thanks to another NFU lobbying coup) specifically exempts farmers from having to follow this critical rule, thus creating another gaping loophole in the protections the Wye so desperately needed.

Major victories were won in court

It was to challenge this terrible state of affairs that River Action went to court, with the case being heard in February in Cardiff. Here, our brilliant legal team squared up against the combined legal teams of the Environment Agency, Defra and the NFU (the latter having gatecrashed the proceedings at the last minute as an ‘intervener’).

Although, when judgment was passed down four months later and the judge ruled against us, it was apparent that River Action had won some major victories.

First, the judgment fully acknowledged that, due to the Wye’s severe levels of pollution, farming practices must change. Second, the legal status of the infamous guidance issued by Defra to the Environment Agency, was called into question, with the judgment that spreading manure in the autumn and winter should be limited, when the danger of polluting the river is at its highest, with the NFU’s intervention being unequivocally dismissed.

Finally, the judge made it clear that the overall basis of his dismissal of our claim was because changes to key enforcement policies made by the Environment Agency, during the course of River Action’s proceedings, subsequently brought it into compliance with the law, and that these changes were only made by the agency as a result of our claim.

Notwithstanding the above, we have immediately moved to appeal the judgment and continue the fight for the river. Given that the Environment Agency’s new enforcement policies apparently now bring it into line with the law, River Action will make it our business to audit the new approach, with Freedom of Information requests being dispatched on a rolling three monthly basis to enable us to monitor inspection and enforcement activities. Let’s see if the agency really has turned over a new leaf.

The new government should repeal the flawed guidance

Finally, following the judge’s questioning of the legal basis of Defra’s guidance to the Environment Agency, after the general election, the new Defra secretary of state will find, at the top of his or her in tray, our demands that this now discredited guidance is immediately repealed, or back to court we will go.

The turbid, slime-filled condition of the River Wye can only remind us how far we still have to go before the river stands a chance of being restored to its former glory. But, perhaps, by defying the odds (and all better judgment), we hope our travails through the courts might just have made a little bit of a difference in starting to reverse the repeated injustices that have been allowed to be inflicted upon this once magnificent river.

Campaign group to appeal legal challenge against the Environment Agency & prepares for further legal action to protect the Wye

Posted on by lewis

River Action is appealing a High Court decision over pollution in the River Wye.

The campaign group has applied to appeal the recent Judgment passed down by Justice Dove which concluded that the Environment Agency’s approach to enforcement in relation to the River Wye Special Area of Conservation (SAC) was not unlawful.

Chair and founder of River Action Charles Watson said, “We remain deeply concerned that insufficient regulatory action is being taken to protect the River Wye from wide-spread pollution caused by unsustainable intensive agricultural practices. Because of this, one of the most highly protected rivers in the UK faces ecological collapse. We will therefore continue our legal fight to save the River Wye.”

River Action is taking the following six actions:

  1. Appeal of Judgment on Ground 3 of River Action’s recent Judicial Review hearing
  2. Establish an independent audit process of all on-going EA enforcement activity within the Wye catchment in relation to the application of the Farming Rules for Water
  3. Investigate widespread environmental non-compliance within the Wye’s free-range egg industry
  4. Investigate the EA’s alarmingly low response and attendance levels of pollution incidents
  5. Challenge the current DEFRA guidance with regard to enforcement of the Farming Rules for Water
  6. Call for the transparent publication by the EA of all information relating to pollution incidents and the consequential enforcement of environmental regulations, to mirror real time data now published by water companies regarding sewage spills

RIVER ACTION RESPONSE TO JUDICIAL REVIEW JUDGMENT AND PROPOSED NEXT STEPS

On May 24 2024, the Hon Mr Justice Dove handed down his judgment in River Action’s recent claim for Judicial Review against the Environment Agency.

The Judgment contained a number of significant wins for River Action. These included the acknowledgement by the judge of the undisputed severe levels of pollution caused by excessive levels of phosphorus in the waters of the River Wye and the recognition that farming practices must change. Going forwards, farmers will be limited in the amount of manure they can spread in the autumn and winter when the danger of polluting the river is at its highest.

The judgment calls into question the status of the current guidance issued by DEFRA to the EA regarding the enforcement of Rule 4(1)(a) of the Farming Rules for Water. Finally, the judge unequivocally dismissed the NFU’s intervention in the Judicial Review proceedings that Rule 4(1)(a) could be interpreted to routinely allow applications of manure in the autumn for use by the crop the following spring.

However, the judge dismissed the claim for judicial review on the basis that changes to key enforcement documents made by the EA during the course of the proceedings subsequently brought it into compliance with the law. The judge recognised that these changes were only made as a result of River Action’s legal claim.

Notwithstanding the above, River Action remains deeply concerned that insufficient regulatory action is being taken to protect the River Wye from the various severe pollution threats it currently faces and accordingly it is taking the following actions:

1. Appeal of Judgment on Ground 3 of the Judicial Review. River Action has applied to the High Court to appeal the Judge’s conclusion that the EA’s approach to enforcement in relation to the River Wye Special Area of Conservation (SAC) was lawful. In the landmark case of Harris v EA (2022), Mr Justice Johnson concluded that the EA had failed to discharge its duty under the Habitats Regulations 2017 because it was the only enforcement agency with the power to review water abstraction licences (water abstraction being a factor in the unfavourable status of the Broads SAC). River Action argued that the same principle applied to the Wye, because while there are a range of enforcement agencies addressing multiple threats to the SAC, only the EA can address the enforcement of the Farming Rules For Water. The judge disagreed, holding there are numerous potential sources capable of contributing to the phosphorus pollution in the Wye and that action is required not only under the 2018 Regulations, but also under other regulatory regimes.

2. Establish independent audit process of on-going EA enforcement activity in relation to the Farming Rules for Water. Mr Justice Dove accepted the EA’s evidence and acknowledged that “the defendant is working on a broad range of initiatives, including targeted farm inspections….”. River Action remains concerned that enforcement action is not being pursued with the urgency and application required to address the severe pollution of the river. Accordingly, River Action intends to establish a process to audit independently all EA enforcement activity of

the Farming Rules for Water in the Wye catchment. Under the Environmental Information Regulations (EIRs) 2004, River Action has requested details of:

  • All recent farm inspections undertaken by the EA;
  • Details of all identified breaches of the Farming Rules for Water;
  • The actions (if any) the EA has taken in response to each specific breach; and copies of Inspection Reports and documentation relating to any enforcement actions.

Going forward, River Action’s intends to request this information on a rolling, three-monthly basis.

3. Investigate widespread environmental non-compliance of the free range egg and poultry industry. In November 2023, a series of EIR responses received by River Action revealed widespread non-compliance with Slurry, Silage and Agricultural Fuel Oil (SSAFO) and Environmental Permitting Regulations (EPR) by a significant number of free range egg and poultry farms in the Wye catchment. Arising from extensive correspondence over a period of two years between the Wye and Usk Foundation and the EA, these revelations implied systemic non-compliance across the egg and poultry producing industry, implying another major potential source of river pollution. To investigate what action the EA has taken in the light of these revelations, River Action has accordingly requested information under the EIRs 2004 on:

  • The number of inspections of egg farms in the River Wye catchment over the last three years;
  • The number of enforcement notices issued to egg farms under SSAFO and EPR regulations.
  • Details of all enforcement actions/prosecutions that have subsequently taken place.

4. Investigate response and attendance levels of pollution incidents. River Action has reason to believe that the response and attendance levels by the EA to pollution incidents on the River Wye are insufficient given the severe pollution of the river and the fact that the status of the river isn’t improving. Accordingly, River Action has requested the following information under the EIRs:

  • Any written EA policy of responding to reported pollution incidents;
  • The number of pollution incidents reported within the Wye catchment;
  • The number of such incidents which were attended and investigated;
  • The subsequent action (if any) taken against polluters.

5. Pending action to challenge the current DEFRA guidance with regard to enforcement of the Farming Rules for Water. Given the questionable status of the current guidance issued by DEFRA to the EA regarding the enforcement of Rule 4(1)(a) of the Farming Rules for Water, River Action intends immediately after the General Election to request that the Secretary of State for DEFRA repeals this guidance to clarify that the environmentally damaging practice of spreading excess manures in autumn/winter months is a breach of the Rules.

6. Call for immediate availability of all information relating to enforcement of environmental regulations. In the context of the above, River Action is mindful that the Chief Executive of the EA recently raised public concerns about the burden on EA staff of responding to FOIA 2000/EIR 2004 requests. The relevant environmental regulations are long established (SSAFO since 2010, EPR since 2016 and the Farming Rules for Water since 2018) and there is a positive duty on public bodies to progressively make information about the state of the environment and their enforcement activities publicly available under the EIRs 2004. If this information was freely and publicly available, the EA would not have to respond to ad hoc requests. River Action is accordingly requesting that by the end of 2024, all environmental information relating to the enforcement of the above regulations should be proactively and transparently disseminated via an appropriate digital portal.

It is understood that the Chief Executive of the EA is well aware of the benefits of such an approach given that it was recently reported in the Guardian newspaper that “An Environment Agency spokesperson said: ‘Philip is completely committed to the highest standards of transparency, as he repeatedly stressed at the River Summit. He wants to make more EA data readily available, and we are already looking at how this can be achieved…”.

The public availability of such critical environmental information already has precedent following the recent legal requirement for water companies to publish real time data relating to sewage spills.

7. Further legal action under consideration. River action is currently reviewing a number of further opportunities with regards to taking legal action where evidence is apparent of regulatory bodies failing to fulfil their statutory duties to enforce the law.

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

NOTES TO EDITORS

River Action is on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.