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Dept for Environment Food and Rural Affairs

Answer

Norman Baker: To ask the Secretary of State for Environment, Food and Rural Affairs what powers water companies have to divert sewage into rivers; and if she will make a statement. [139187] Mr. Morley: Water companies have duties under section 94 of the Water Industry Act 1991 to provide and maintain sewers to ensure that they are effectively drained, and the sewer contents are effectively dealt with by treatment works or otherwise. Consents to discharge sewage effluents, sometimes in emergencies, into controlled waters are subject to conditions and are issued by the Environment Agency under the Water Resources Act 1991 (WRA91). In certain situations water companies may have to make discharges other than in accordance with a consent. In these circumstances, the WRA91 provides two distinct defences to offences of polluting controlled waters under section 85 of the WRA91. Section 89(1) states that a person shall not be guilty of an offence of polluting controlled waters if the discharge is made in an emergency to avoid danger to life or health, if steps are taken to minimise the polluting effects of the discharge, and if details of the incident are provided to the Agency as soon as possible after it occurs. Section 87(2) states that a sewerage undertaker shall not be guilty of an offence if the undertaker could not reasonably be expected to prevent the discharge into the sewer or works, if a discharge into the sewer is caused by another person and if the undertaker was not bound to receive it, or if it was, the conditions of the discharge were not observed.

Secondary information

Type

Written question

Reference

139187; 413 c906-7W;413 c906W

Session

2002-03

Subjects

Pollution Sewage Waste disposal Water companies Rivers

Link

View this Written question on www.publications.parliament.uk