Sewage released by water companies into British waters has caused swimming competitions to be cancelled over the potential dangers faced by competitors. Boulter’s to Bray Swim, which was founded in 1890, is the latest event to be cancelled, meaning 250 athletes are unable to take part in the historic event.
With the likelihood that more activities will be cancelled for similar reasons, what action can swimmers take if they suffer the consequences of swimming with sewage?
Samantha Jenkins, Legal Adviser at DAS Law explores the legal options available to swimmers and those that depend on marine environments for their livelihood.
What legal recourse do I have as a leisure swimmer if I have fallen ill due to the water being polluted by sewage?
Under Government regulations and with the oversite of the Environment Agency and Ofwat, water companies are allowed to discharge wastewater from sewage treatment plants into the sea when they become inundated with water during times of heavy rainfall. This wastewater is said to be heavily diluted and so there is said to be low levels of sewage released as a result.
However, it is accepted, that there is still a degree of risk when swimming in open water that you could become unwell due to coming into contact with sewage and the government have produced guidance on what swimmers can do to limit this risk. Swim healthy - GOV.UK (www.gov.uk)
If the levels of sewage are considered to be acceptable and within regulation, it is unlikely that you would be able to pursue a claim against the sewage company for becoming unwell. If however, there is an unauthorised discharge of sewage which is not permitted either by the water companies or another party into the water which causes a swimmer to become unwell and this can be proven, then it could be possible to pursue a personal injury claim against the responsible party.
Do I have a legal right to access and enjoy clean marine environments, and if so can I make a claim against sewage companies for infringing upon my right?
Yes, you have the right to access and enjoy sea water and there are regulatory requirements on water companies as to when they are allowed to discharge wastewater from sewage plants into the sea in an effort to ensure that sea water is as clean as possible. If sea water is unlawfully polluted with sewage, it may be possible to take action against the water companies for a breach which results in a proven personal injury or loss. Independent legal advice should be sought on the particulars of a case.
If the pumping of sewage and subsequent pollution has affected the fish population and my livelihood, can I claim compensation from the water company?
If it can be proven that there has been unlawful pumping of sewage into water which causes loss or damage, then it may be possible to hold the party who is liable for the pumping of sewage and the subsequent pollution liable.
If the pumping of sewage has caused a decrease in my property value, can I sue the water company?
If a water company is discharging sewage in accordance with Government regulation and therefore carrying out permitted activity, it is unlikely that you can hold them liable for a decrease in property value.
If they are doing so unlawfully, then it may be possible to pursue a claim against them for a financial loss you can prove you have incurred as a direct result of their unlawful activity and or nuisance.
However, it is sometimes difficult to identify and therefore prove, why a property’s value has decreased because property values increase and decrease based on many different environmental, social and economic factors. Independent legal advice should be sought on the merits of any particular case.
Can I file a suit against the water company if the pollution has contaminated my private well or water supply?
Yes. If pollution has contaminated a private well or water supply unlawfully, then you may be able to pursue a claim against the water company to prevent the pollution continuing and to recover any financial loss associated with the contamination.
Can I get involved in a class-action lawsuit against the water company if there are others affected?
It may be possible to join a class action against a water company if you have a similar claim to others, you should seek legal advice on the particulars of any claim.
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Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.