Friends of the Dart Response to Ofwat Consultation
Notice of Ofwat's Proposal to Accept Section 19 Undertakings from South West Water Services Limited
Submitted by: Friends of the Dart cic
Co signed by: Ambios Ltd, Buckfastleigh Action for Nature, Holybrook meadows cic
Date: 2nd August 2025
Consultation Reference: Section 19 Undertakings - South West Water Services Limited
Executive Summary
Friends of the Dart and co signatories welcome the opportunity to respond to Ofwat's consultation on the proposed acceptance of section 19 undertakings from South West Water Services Limited (SWW). While we acknowledge the £24 million enforcement package as a step towards addressing the company's systematic failures, we have fundamental concerns about whether these measures are sufficient to address the scale of environmental damage caused to the River Dart and its tributaries.
Our key concerns center on:
The adequacy of the proposed investment relative to the scale of environmental harm
Lack of transparency mechanisms for community monitoring and accountability
Insufficient provision for independent verification of compliance
We urge Ofwat to strengthen these undertakings with enhanced transparency requirements and specific protections for environmentally sensitive watercourses like the River Dart.
1. Assessment of the Proposed Undertakings
1.1 Scale and Adequacy of Investment
The proposed £20 million investment in storm overflow reduction over five years represents approximately £4 million annually across SWW's entire operational area. Given that SWW recorded 544,429 hours of sewage spills in 2024 alone - the worst performance in the sector - this investment appears insufficient to address the systematic infrastructure failures that have been identified.
Specific concerns:
The investment lacks detail on how sites will be prioritized for improvement
No clear criteria for defining "environmentally sensitive areas" that will receive targeted investment
Absence of specific commitments to areas that are formally designated as bathing water sites and for areas that are widely used by the public but have yet to obtain designation
Recommendation: Ofwat should require SWW to provide detailed criteria for site prioritization, with explicit protection for designated bathing water sites and sites that are used regularly by more than 50 people a day.
1.2 Local Fund and Nature Recovery Fund
While the £2 million local fund for tackling sewer misuse and £2 million Nature Recovery Fund are positive steps, the criteria for accessing these funds and the governance structures remain unclear.
Concerns:
No transparent application process outlined for community groups
Risk of funds being directed to corporate partners rather than genuine community environmental groups
Lack of requirement for local community input in fund allocation decisions
Recommendation: Ofwat should mandate that the funds be contributed to an existing independent funding agency, such as the Devon Environment Fund or similar body that has local knowledge of the region.
2. Governance and Oversight Deficiencies
2.1 Independent Monitoring
The undertakings lack provision for truly independent monitoring of compliance. Community groups like Friends of the Dart, who have been documenting pollution incidents for years, should have a formal role in monitoring compliance.
Recommendation: Establish a Community Environmental Monitoring Panel with representation from affected river groups, with formal reporting lines to Ofwat and access to all relevant monitoring data.
2.2 Senior Management Accountability
The undertakings fail to address the fundamental governance failures identified by Ofwat's investigation, particularly the "inadequate oversight from senior management team and Board."
Recommendation: Require specific commitments to board-level environmental oversight, including the appointment of an independent environmental director with relevant expertise.
3. Transparency Requirements for Community Accountability
3.1 Current Transparency Deficits
The systematic failures identified by Ofwat were only discovered through enhanced monitoring requirements introduced in 2021. This demonstrates that previous self-reporting mechanisms were inadequate. Community groups like Friends of the Dart require access to granular data to perform independent monitoring and hold SWW accountable.
3.2 Essential Data Requirements
To enable effective community monitoring of compliance with these undertakings, Ofwat must require SWW to provide public access to:
Event Duration Monitoring (EDM) Data:
Real-time spill alerts for all storm overflows in the River Dart catchment made available via an application programming interface (API)
Historical EDM data from 2019 onwards with daily granularity
Duration, frequency, and weather conditions for each spill event
GPS coordinates and receiving watercourse identification for each overflow
MCERTS Flow Data:
Continuous flow data from all wastewater treatment works discharging to the River Dart system
Flow to Full Treatment (FFT) thresholds and actual flows measured
Compliance status against permit conditions updated daily
Details of any exceedances with explanatory information
Treatment Works Performance Data:
Daily discharge quality parameters (BOD, COD, ammonia, suspended solids)
Permit limit compliance status for each parameter
Details of any permit breaches with remedial actions taken
Asset condition assessments and maintenance schedules
Investment and Asset Improvement Plans:
Detailed breakdown of where the £20 million storm overflow investment will be deployed
Site-specific improvement plans with timelines and budgets for each asset
Asset condition registers for all assets
Annual progress reports on infrastructure improvements with photographic evidence
3.3 Data Format and Accessibility
Technical Requirements:
All data must be provided in machine-readable formats (CSV, JSON, or API access)
Geographic data must include Ordnance Survey grid references
Update frequency must be at least daily for operational data
Historical data must be available for trend analysis
Publication Requirements:
Centralized online portal accessible without registration
Mobile-responsive interface for field use by community monitors
Download capabilities for data analysis by academic researchers
Integration with existing Environment Agency monitoring systems
3.4 Community Monitoring Support
Training and Capacity Building:
SWW should provide annual training sessions for community groups on data interpretation
Technical support hotline for data access queries
Annual community monitoring reports jointly produced with river groups
Verification Mechanisms:
Community groups should have the right to request independent verification of data accuracy
Discrepancies reported by community monitoring should trigger formal investigation
Regular reconciliation between SWW data and Environment Agency monitoring
4. Enforcement and Compliance Mechanisms
4.1 Penalty Mechanisms
The undertakings should include automatic financial penalties for non-compliance with transparency requirements or failure to meet investment timelines.
Recommended Penalties:
£10,000 per day for late or missing data publication
£50,000 per month for delays in infrastructure investment beyond agreed timelines
£100,000 for any sewage spill lasting longer than 6 hours without valid permit justification
4.2 Escalation Procedures
Clear escalation procedures should be established allowing community groups to trigger formal Ofwat investigation where:
Data suggests systematic non-compliance
Investment timelines are not being met
Water quality is deteriorating despite undertakings
5. Long-term Sustainability and Performance
5.1 Performance Metrics
The undertakings should include specific, measurable performance improvements rather than just investment commitments:
Required Targets:
50% reduction in spill duration hours by 2027
75% reduction in spill frequency by 2029
Achievement of 'Good' ecological status under Water Framework Directive by 2030
5.2 Independent Review
A comprehensive independent review of the undertakings' effectiveness should be conducted after two years, with community group input and the power to recommend additional measures if targets are not being met.
6. Conclusions and Recommendations
While Friends of the Dart and co-signees recognise that these undertakings represent progress, they fall short of the transformational change needed to protect the River Dart and restore public confidence in SWW's environmental stewardship.
Key Recommendations for Ofwat:
Strengthen transparency requirements to include all data categories outlined in Section 3
Establish mandatory community monitoring mechanisms with formal reporting lines to Ofwat
Implement automatic penalty mechanisms for non-compliance with undertakings
Require establishment of local advisory groups for affected river catchments
Mandate independent mid-term review with power to strengthen undertakings if targets are missed
The people of Devon and Cornwall have lost trust in SWW. They deserve nothing less than complete transparency and accountability from SWW. These undertakings represent an opportunity to establish a new standard of environmental responsibility, but only if they are strengthened with the robust transparency and community engagement mechanisms we have outlined.
We urge Ofwat to use its powers to ensure these undertakings deliver genuine environmental improvement rather than merely representing a financial settlement that allows business as usual to continue.
Friends of the Dart looks forward to working constructively with all parties to protect and restore our precious river systems for current and future generations.
This response is submitted on behalf of Friends of the Dart membership and the wider River Dart community, Ambios Ltd, Buckfastleigh Action for Nature and Holybrook Meadows.
For further information or clarification, please contact hannah.pearson@friendsofthedart.org.
Appendix
Friends of the Dart CIC
Friends of The Dart is a Not-for- Profit organisation focused on representing the interests of the River Dart on a local and National level and contributing to the wellbeing of all Rivers through best practice leadership. We work to minimise pollution, improve biodiversity and empower communities from source to sea. We do this through evidence based advocacy and constructive engagement.
Ambios Ltd
Ambios Ltd is a not-for-profit organisation providing nature recovery training through residential traineeships and practical conservation projects. Based on a 130-acre wildlife-friendly farm in South Devon, we offer hands-on experience in habitat restoration and biodiversity monitoring. Our work includes managing a 50-acre rewilding site, supporting people to develop skills for careers working with nature.
Holybrook Meadows CIC
Holy Brook Meadows owns and protects meadows within Dartmoor National Park. They act as stewards of Holybrook and its meadows.
Buckfastleigh Action for Nature
Buckfastleigh Action for Nature Group is a grass roots community group dedicated to protecting the biodiversity of Buckfastleigh and surrounding area.