Sewage as Waste: Implications for the UK Water Industry of the ECJ’s Ruling on the Application of the Waste Framework Directive to Sewage

Abstract:
The ECJ has handed down judgment in the case of R (Thames Water Utilities) v South East London Division, Bromley Magistrates’ Court (Case C-252/05) (10 May 2007). The ECJ has decided that sewage that leaks from a waste water collection system is in principle “waste” for the purposes of the European Waste Framework Directive (WFD). The case has been referred back to the High Court in England on one point which will now be critical in deciding whether or not leaking pipes expose sewerage undertakers to the threat of criminal sanctions. This article examines the basis for the decision, the chances of the High Court finding an escape route for undertakers and the wide-ranging implications for water and sewerage companies, sewerage customers and the Environment Agency if they do not do so. It will consider also how the Government might resolve the issue by amending national water law.