From WUF site. Didn't take them long did it!! Fish probably been down there all summer but hey look at me-I caught a rare Wye salmon -hope it survives.
River dropping a little now but likely to rise again if the weather forecast is right,
So the disgrace of the water companies and the so called controlling EA/NRW goes on with further relaxing of sewage controls for our rivers. Hard to believe with all the bad publicity they have had recently;
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Members Update
September 29th, 2021
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Alert to all
members - please act now
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Dear Member
The Environment Agency
has just published a get-out-of-jail card for water companies. Their Regulatory Position Statement B2 (or
RPS for short) tells the water companies that they can discharge in
breach of their permits because of a shortage of chemicals used for
sewage treatment due to Brexit and Covid. [see note below]
Fish Legal thinks this
RPS is unlawful as the Environment Agency can’t change the law or say
what is or isn’t illegal. If a water company discharges in breach of
permit, it is in breach of the permit. That is why we have
written a “Letter before Action”
to the Environment Agency threatening that we will launch a legal
challenge unless they withdraw the RPS.
The water companies
have been asked by the Environment Agency to “risk assess” the Waste
Water Treatment Works (WWTW) into categories A-C.
Category A is for WWTW
which are “less critical”
and “likely to have low
environmental and downstream abstraction impact and should be
de-prioritised in the scenario that treatment chemicals are unavailable,
and all other mitigations have been exhausted."
Fish Legal believes the
water companies could take advantage of this rule and rely on the
get-out-of-jail card provided by the Environment Agency. This could
mean that Category A WWTW and their respective waterbodies could be
sacrificed because the water companies cannot get their act together.
The Environment Agency
has now provided a copy of these risk assessments by the water
companies. We have copied below all the Category A – supposedly ‘low
risk’ – sewage works and the relevant rivers.
What
you can do
Read through the list
of waterbodies under each utility company for your area and, if you are
concerned about any of the local rivers that are mentioned, get in
touch with your water company to ask what they intend to do to ensure
that there is no pollution or environmental harm. Also ask them to
update you if and when they decide to rely on the RPS and discharge in
breach of their permits.
Yours sincerely
Dr Justin Neal
Solicitor, FIsh Legal
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Note:
[1] On 6 September
2021, the Environment Agency published “Water and Sewerage Company Effluent Discharges: supply chain
failure Regulatory Position Statement B2” (“RPS”).
The document’s
introduction reads as follows:
“Normally, you need
a permit under the Environmental Permitting (England and Wales)
Regulations 2016 to discharge treated effluent from a waste water
treatment works (WwTW) to surface water or groundwater. Permits contain
conditions that control the quality of the effluent you can discharge.
You may not be able to comply with your permit if you cannot get the
chemicals you use to treat the effluent you discharge because of:
the UK’s new
relationship with the EU,
coronavirus (COVID-19).
other unavoidable supply chain
failures, for example the failure of a treatment chemical supplier.
“If you follow the conditions in
this regulatory position statement (RPS) you can discharge effluent
without meeting the conditions in your permit. You must get written agreement
from your Environment Agency water company account manager before you
use this RPS [emphasis added].
The document explains
that the RPS “only applies to water
and sewerage company discharges from WwTW that cannot comply with
permit conditions because of a shortage of chemicals to treat effluent
due to: the UK’s new relationship with the EU, coronavirus (COVID-19),
other unavoidable failure in the supply chain."
Under the section, “Enforcement”, the document
indicates that, “an RPS means that
the Environment Agency will not normally take enforcement action
against you provided: your activity meets the description set out in
this RPS you comply with the conditions set out in this RPS your
activity does not, and is not likely to, cause environmental pollution
or harm human health you have taken all reasonable steps to comply with
your permit.
The RPS will cease
to have effect on 31 December 2021 “unless we extend it.”
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Fish Legal is a membership association using the
law to protect fish stocks and the rights of its members throughout the
UK. It is united in a collaborative relationship with the Angling
Trust, the national representative and governing body for angling in England.
Joint membership packages with the Angling Trust are available for
individuals, clubs, fisheries and other categories.
Click here for more information about
membership
Angling Trust & Fish Legal, Eastwood House,
Rainbow Street, Leominster, HR6 8DQ
Telephone: 01568 620447
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