Update on the Whitburn Sewage Discharge Case – A Fight for Environmental Justice Continues

Bob Latimer: A Steadfast Sentinel for the Environment

For decades, Bob Latimer has been a steadfast sentinel for the environment, challenging the regular discharge of raw sewage onto Whitburn Beach near his home in Sunderland. This persistent problem was first brought to light in the 90s, and despite efforts to address it, the issue remains. With the support of the Environmental Law Foundation and the stellar representation of Alex Shattock of Landmark Chambers, we are taking another crucial step towards resolving this matter.

ELF’s Strategy: Understanding the Regulation and Using Pre-Action Protocol Letters

Our contention lies in the exercise of regulatory duties under Regulation 4(4) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (implementing the Urban Wastewater Treatment Directive (UWWTD)). We firmly believe that a misunderstanding of the phrase “all normal local climatic conditions” has led to a misdirection of law pertaining to the sewage discharges at Whitburn.

ELF issued Pre-Action Protocol (PAP) letters on behalf of Bob, to both DEFRA and Ofwat. These letters outline the conduct and enumerate the steps a court would usually expect parties to take before proceedings begin. We argue that this misdirection has led to the failure of both defendants to adequately perform their regulatory duties.

Dissecting the Core Issue: The Case of Whitburn’s Combined Sewage Overflow

This article mandates that urban wastewater entering collecting systems be subject to secondary treatment or an equivalent process before discharge. The Regulations stipulate deadlines based on the population equivalent (p.e.) of different agglomerations and specify that the load calculation should exclude unusual situations like heavy rainfall.

The crux of the issue revolves around Whitburn’s Combined Sewage Overflow (CSO), which was constructed in 1996 by Northumbrian Water. The system was designed to handle extreme rainfall events, yet routine discharges of untreated wastewater have been reported even during moderate rainfalls. These discharges often contain domestic waste, including excrement, raising significant environmental and public health concerns.

Unresolved Issue: The European Court of Justice’s Declaration and Subsequent Actions

Following a complaint, the European Court of Justice declared in 2012 that the United Kingdom had failed to ensure appropriate collection and treatment of urban wastewater from Sunderland (Whitburn), thus breaching the UWWTD. Yet, despite a £10 million  upgrade to the Whitburn Interceptor Tunnel in 2017, the wastewater discharge figures up until 2021 indicate that the problem persists and is increasing. The volume and frequency of discharges are now higher than the levels referred to by the Court in determining the Directive’s breach.

A Spectrum of Reactions: DEFRA and OFWAT’s Responses

Despite the persistent evidence that sewage discharges occur even outside of extreme climatic events, we have been met with varying responses from DEFRA and OFWAT. OFWAT’s stance is unclear, though they have asked for evidence of discharges that have been provided, while DEFRA dismissed our PAP letter, claiming it wasn’t in a recognised form.

Undeterred Resolve: The Path Forward

We are determined to press on. We have compiled and forwarded additional information to Ofwat to assist them to clarify their position. We are deeply committed to helping Bob Latimer in his fight against what we believe is an ongoing violation of the Urban Wastewater Regulations.

We thank Bob Latimer for his persistence, Alex Shattock for his exceptional legal support, and each of you for your unwavering support and belief in environmental justice.

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