Illegal Sewage Discharges and Who Pays?
When you think of the picturesque Lake District, you probably think of tall mountains, traffic jams and clean water. However, the façade of pristine Lakeland water falls apart when you look under the surface.
Independent analysis of data from United Utilities, obtained by Save Windermere through Environmental Information Regulation (EIR) requests via the Environment Agency, has identified several breaches of sewage discharge permits in the heart of the Lake District National Park.
Ambleside WwTW spilled illegally on 15 days in 2022
Professor Peter Hammond, a retired mathematician from UCL and now analytical extraordinaire at Windrush Against Sewage Pollution (WASP), has been tirelessly shedding light on the wastewater industry’s nationwide shortcomings since 2018. This time, it is Windermere that is in the spotlight. The distressing findings reveal illegal spilling at several wastewater treatment works and pumping stations as recently as 2022. All these discharges will have found their way into Windermere.
Professor Hammond has identified illegal spilling in 2022 on 15 days at Ambleside, 21 days at Near Sawrey, up to 12 days at Grasmere, and between 10 and 22 days at Hawkshead. Shockingly, some of these illegal practices have been shown to stretch back as far as 2018.
The lack of transparency from United Utilities, who are particular about what data they will provide, has hindered a full investigation, but it is speculated that with more data, evidence of further breaches in environmental permits could be uncovered.
In 2021, Emma Howard Boyd, the then chair of the Environment Agency stated that: “Any water companies in breach of their permits is acting illegally.”
The Save Windermere campaign questions what the Environment Agency is doing about prosecuting for breaches of statutory duties. We also believe that the cost to rectify the lack of adequate investment should not result in the customer paying twice for a service that has not been provided.
This begs the question, who should bear the responsibility of rectifying these issues? Since privatisation the water industry has racked up billions in debt, returned £72 billion to shareholders and failed to invest adequately to ensure the protection of our freshwater.
United Utilities last year alone paid out £300 million in dividends to shareholders and yet only plan to invest £40 million into the catchment over the next 7 years. That to us is not proportional investment and does not reflect the significance of Windermere - a lake which sees 12 million visitor days annually and contributes almost £1 billion to the economy in some years.
Hawkshead Pumping Station spilled illegally on as many as 22 days in 2022
But what powers do we have to demand that the polluter must pay? Well, a recent judicial review challenge undertaken by WildFish has clarified that the obligation to undertake the work should not be linked in any way to the statutory investment scheme, under which United Utilities has proposed it’s £40 million investment. The government has made a clear position that the cost of remedying historic failures to comply with regulation must fall on the water companies and not their customers.
The evidence of illegality in the catchment is reflective of a lack of capacity in the network, and as such, this should fall on the water companies to pay for it.
So what do we need? Firstly, we need United Utilities to take responsibility for the lack of capacity in the network by investing to end illegal discharges. Secondly we need committed future investment and long-term management plans, similar to those that have been successfully executed in places such as Lake Annecy in France and Lake Washington in the United States. These examples serve as a beacon of hope, demonstrating that it is possible to safeguard our natural treasures and preserve the beauty of places like Windermere for generations to come.
United Utilities is, and has historically been, the most significant source of phosphorus input into the lake. Algal growth fuelled by phosphorus is causing severe issues and due to inadequate reductions in phosphorus, the lake is ill-equipped to face the challenges of climate change. Extended drought periods and increased sewage discharges, as a result of rainfall and insufficient infrastructure, create favourable conditions for algae proliferation. When the algae dies and decomposes at the lakebed, it absorbs oxygen and, in large enough blooms, this process can lead to mass fish deaths. This exact process caused 3 mass fish deaths in Mar Menor, Spain in 2016, 2019 and 2021.
The fight to protect Windermere is a call to action, not just for those in the Lake District but for all who see the destruction of our natural environment as being morally and ethically wrong. It’s a reminder that we must hold those responsible to account and demand the investment and commitment needed to ensure that, at a bare minimum, United Utilities is obeying the law.
