A CAMPAIGN group has submitted a statutory nuisance complaint to the council over sewage dumping in Windermere.
Save Windermere alleged that United Utilities has committed a statutory nuisance through sewage discharges into the lake.
A Westmorland and Furness council spokesman confirmed: "We have received an allegation of statutory nuisance regarding discharges into Windermere and are considering our response."
In February, sewage was illegally pumped into the lake for 10 hours because of a telecoms issue.
Last year, 366 days worth of untreated sewage was discharged into the catchment from the seven sites United Utilities reports from. Water companies are allowed to spill sewage in times of exceptional rainfall and United Utilities argued that 2023 was one of the wettest years on record.
⛔️ More breaking news ⛔️
— MattStaniek (@MattStaniek) June 25, 2024
In a first of its kind in the UK, we have just filed a statutory nuisance complaint against United Utilities to Westmorland and Furness Council.
Save Windermere, working with environmental barrister Nicholas Ostrowski, is demanding that Westmorland and… pic.twitter.com/KsNo5QwxLX
Save Windermere founder Matt Staniek said: "Save Windermere has had to step in to hold United Utilities accountable for the damage they are inflicting upon England's largest lake."
If the council finds that a nuisance has occurred arising from sewage discharges by the water company, an abatement notice will be served requiring United Utilities to do work to stop the nuisance - which could involve limiting or halting sewage discharges from the treatment works in the Windermere catchment.
Save Windermere contends that sewage discharging in Ambleside constitutes a nuisance because of the accumulation of suspended solids in untreated sewage. It also argues that the case fits one of the definitions of nuisance outlined in the Public Health Act, which is 'any pond, pool, ditch, gutter or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance.'
The group said that the river Rothay and Windermere are 'plainly' watercourses. It argues that the 113 incidences of discharging into and around the river Rothay in Ambleside over a 13 month period is due to a lack of capacity because of underinvestment from United Utilities.
A spokesperson from United Utilities said: "Over the last two decades, we have invested £75 million upgrading wastewater treatment sites, pumping stations and sewers around Windermere, with £45 million of that work completed in 2020. Total phosphorus in Windermere has reduced by 30 per cent as a direct result of that investment.
“We have already started work on a further £41 million of investment into the Windermere catchment between now and 2030 to reduce storm overflow operation at Elterwater, Hawkshead, Ambleside and Near Sawrey.
"This will reduce spills by 50 per cent on 2022 figures and is expected to reduce total phosphorus by a further 4 per cent and 8 per cent in the two basins of Windermere.
“And we are continuing to work with all organisations that impact water quality in the lake including farmers, septic tank owners, hotels, campsites, highways authorities and landowners to deliver the step change that we all want to see.”
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