Sewerage and drainage

Sewerage undertakers and sewerage systems deal with surface water and sewer effluent. This involves the laying of sewers, their maintenance and connections to them. It also involves dealing with the disposal of sewage and sewage treatment works. Highways drains and culverts are also connected to sewers and drains, as their run off can enter into the sewerage system.

Regulation of the sewerage system

The regulatory requirements for sewage disposal stem from the Urban Waste Water Treatment Directive 91/271/EEC (UWWTD), which was implemented in England and Wales by the Urban Waste Water Treatment (England and Wales) Regulations 1994, SI 1994/2841 (1994 Regulations).

The general duty to provide a sewerage system is found in section 94 of the Water Industry Act 1991 (WIA 1991). This general duty is supplemented by 1994 Regulations, SI 1994/2841, reg 4 which requires that ‘collecting systems’ are provided by specified dates and that urban waste water entering collecting systems is subject to treatment provided in accordance with regulation 5.

The 1994 Regulations set out the key objectives for managing urban waste water, including:

  1. the provision of sewerage systems for populated areas

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Government announces water sector overhaul creating new regulator and ombudsman

The Department for Environment, Food & Rural Affairs (Defra) has published a Water White Paper setting out a once-in-a-generation reform of the water system through the creation of a new single water regulator with stronger powers. The government proposed tougher oversight and clearer accountability for water companies, replacing fragmented and reactive regulation with a prevention-focused approach. A Chief Engineer will be embedded within the regulator to restore hands-on scrutiny of infrastructure, supported by mandatory ‘MOT-style’ health checks on water assets. The regulator will gain powers to intervene quickly where companies underperform, supported by dedicated supervisory teams and no-notice inspections. The White Paper also introduced measures to reduce disruption, pollution and household costs, including smart water metering, mandatory efficiency labelling on appliances, sustainable drainage and stronger action on sewer misuse. A new statutory Water Ombudsman will have binding powers to resolve customer complaints and require fair compensation. The reforms are supported by coordinated local water planning and major investment, including £11bn to improve storm overflows, nearly £5bn for wastewater treatment upgrades, and a wider £60bn programme to protect rivers by 2050, backed by £104bn of private investment and to be implemented through a 2026 Transition Plan and new legislation.

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