Written evidence submitted by Anglian
Water
EXECUTIVE SUMMARY
We would welcome the Committee exploring proposals
to amend legislation to:
— further promote the interests of customers
in terms of fair and affordable bills;
— help address the current problem with
water debt and the ability of customers to pay; and
— reduce the risk of surface water and
sewer flooding.
1. ADDRESSING
BAD DEBT
AND AFFORDABILITY
1.1 Currently, water customers pay £12
each to cover the bad debts of customers who choose not to pay
their water bills. We believe this to be an unfair burden on paying
customers, particularly at a time of economic restraint. We believe
that strengthening the sanctions against wilful non-payers, combined
with improvements in our ability to collect revenue and a managed
approach to cross subsidising those who genuinely cannot pay their
bills, would deliver fairer outcomes to all customers.
Right to cease supplying non-payers
1.2 Our preferred change is for government
to restore to water companies the right to cease supplying water
to customers who are able but who deliberately choose not to pay
their water bills. This right existed until 2000, since when bad
debt levels have increased significantly.
Trickle flow devices
1.3 Trickle-flow devices are used in several
countries to manage water debt. They are installed in the properties
of non-payers and restrict the flow of water. These encourage
bill-payment while continuing to provide a basic flow of water
to customers for essential purposes. We believe water companies
in England and Wales should be given the option to use these devices.
Landlords' liability
1.4 The Floods and Water Management Act
(FWMA) introduced a requirement for owners of rented residential
properties to identify the person liable for the water bill at
their property. Firstly, we believe the requirement should be
extended to cover all rented properties. Secondly, we continue
to believe that landlords themselves should be directly liable
for water bills. Thirdly, we support the position of WaterUK in
urging the Committee to encourage the bringing forward of the
regulations necessary to enact the FWMA requirement.
Pre-payment meters
1.5 Until their use was determined to be
illegal in the late 1990's, pre-payment meters were a popular
option with many water customers to help with household budgeting.
Their use in rented properties with high tenant turnover would
also benefit the broader customer base by addressing the problem
of absconding debtors and associated bad debt. We would like to
be able to offer them again as a payment option.
Guidance on social tariffs
1.6 We are in a position to introduce affordable
tariffs of the type supported by the Walker Review but Ofwat's
view is that it does not have the power to approve them until
Ministers issue guidance on social tariffs. Our view differs from
Ofwat's but to avoid further delay we urge the introduction of
the required guidance at the earliest opportunity.
2. REDUCING THE
RISK OF
FLOODING
Sustainable Urban Drainage Systems (SuDS)
2.1 We fully support the principles of sustainable
drainage. Until SuDS Approval Bodies become established we will
continue in our role as facilitators of SuDS by adopting them
where they meet the requirements of our policy.
2.2 The FWMA introduced valuable clarity
on the construction, ownership and management of SuDS. However
there remains uncertainty about the accountability for flooding
or pollution where SuDS connect to a public sewer. We are concerned
if we should be held accountable, particularly where SuDS do not
perform in accordance with their approval criteria or where we
objected to the SuDS based on these criteria, but approval was
granted anyway.
Highway drainage
2.3 Highway Authorities are entitled in
law to discharge highway drainage to "any public sewer"
by agreement. However, we propose that as part of the solution
for dealing with surface water, a highway authority should only
be able to discharge highway drainage to a surface water sewer.
2.4 Furthermore, the Highways Act 1980 gives
a highway authority a perpetual right to use a drain or sewer
for highway drainage. We propose a power to modify highway drainage
which is no longer sustainable or appropriate from an environmental
perspective.
Discharges to watercourses
2.5 We support the restoration of a sewerage
undertaker's right to discharge surface water and effluent from
public sewers and public lateral drains to a watercourse.
3. FLOODING FROM
SEWERS
Fats, Oils and Greases (FOG)
3.1 Obstructions and blockages cost Anglian
Water over £7 million a year, with heightened risk of sewer
flooding. We believe it is unfair for customers to be burdened
with this cost and that more stringent rules should be in place,
over and above existing legislative powers, to prosecute offenders.
Although the law allows a sewerage undertaker to prosecute someone
who discharges material likely to block the sewer, invariably
a prosecution could only succeed if the sewer has already become
blocked or obstructed and quite often it can be difficult to prove
beyond reasonable doubt that the obstruction was caused by a discharge
from particular premises.
3.2 Problems are commonly experienced in
respect of hot food take-away premises, where a comparatively
cheap and easy solution can be to fit and maintain a grease trap.
However, a sewerage undertaker has no power to require this to
be fitted or maintained. It is suggested, therefore, that as well
as the power to prosecute companies should be given a power to
require action to be taken, eg to install and maintain a fat trap.
This would help to reduce the number of blockages and, consequently,
the number of escapes of sewage from the sewerage system.
Unlawful interference with a sewer.
3.3 Currently the law creates offences in
respect of interference with water mains and other pipes belonging
to a water undertaker, but interference with a public sewer or
other pipe belonging to a sewerage undertaker is not an offence.
Whilst in some cases interference with a public sewer may also
constitute criminal damage, it would help if there was a specific
offence. This would reduce the number of unauthorised diversions
which can cause blockages to occur and create other problems to
the public sewerage system.
Misconnections
3.4 We support WaterUK's position that sewerage
companies should be given the powers to reconnect drains that
have been misconnected to the public sewers so that the risk of
flooding is reduced.
4. OTHER MATTERS
Private sewers
4.2 The Water Industry Act 1991 requires
sewerage undertakers to keep records of all sewers and drains
vested in them as "public sewers". However, the Act
makes an exception to this requirement in respect of drains and
sewers laid before 1 September 1989, when the water and sewerage
companies were created and at which point they inherited the records
and responsibilities of the former water authorities.
4.3 The Government recognises that an amendment
to primary legislation is necessary to provide the same exemption
in respect of mapping private assets that will transfer to water
and sewerage companies on 1 October 2011. The drafting of new
legislation provides an opportunity to achieve this.
4.4 We have proposals about a number of
further minor amendments to improve the current legislation applying
to water management, (for example, to update terminology and reflect
developments in communication technology) which we are prepared
to share with the Committee or to feed into the bill drafting
process at the appropriate stage.
October 2010
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