Bathing waters: Who does what?

Bathing water quality in Adur and Worthing, particularly after rainfall, is a complex issue with responsibilities shared across several key organisations. Rainfall can significantly impact seawater quality due to surface water run-off and the potential for sewage overflows, leading to increased levels of bacteria such as E. coli and Intestinal Enterococci, which indicate faecal contamination.

Here's a breakdown of who does what and is responsible for:

See also:

The Environment Agency (EA)

The EA, acting in accordance with Defra, plays a central role in monitoring, assessing, and classifying bathing waters across England, including those in Adur and Worthing.

Monitoring and classification: The EA regularly takes seawater samples throughout the official bathing season (15th May to 30th September). These samples are analysed for bacteria like E. coli and Intestinal Enterococci. Based on four years of data, each designated bathing water is classified as 'Excellent', 'Good', 'Sufficient', or 'Poor'.
Pollution Risk Forecasting (PRF): For certain bathing waters where there's a strong link between rainfall and seawater quality, the EA operates a PRF scheme. This system predicts a potential risk of reduced water quality due to heavy rain, primarily through rainfall-induced runoff. If a warning is issued, the EA can discount the sample result from the annual classification, provided the public has been warned at notice boards located at the relevant sampling points. This information is also published on our website. This information is reproduced on the Surfers Against Sewage app.
Investigations and enforcement: The EA investigates pollution incidents and sources, working with water companies, local authorities, farmers, and other stakeholders to identify and address issues. They also have enforcement powers regarding water quality.
Public information: The EA publishes bathing water quality results and classifications on Swimfo, its website to provide bathers with up-to-date information about seawater quality. They also publish detailed bathing water profiles for each designated site, outlining pollution risks and management measures.

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Southern Water

Southern Water, as the sewerage undertaker for the region, holds significant responsibility for managing the wastewater network, which can impact bathing water quality, especially after rainfall.

Wastewater management: Southern Water is responsible for the public sewer network. They manage wastewater treatment works and the system designed to collect and treat sewage.
Storm overflows: During periods of heavy rainfall, the combined sewer system, which carries both foul sewage and surface water, can become overwhelmed. To prevent homes and streets from flooding, storm overflows are designed to release heavily diluted wastewater into rivers and the sea. While intended as a relief mechanism, these overflows can contribute to bathing water pollution, particularly after significant rainfall events.
Investment and improvement: Southern Water is investing in its infrastructure to reduce storm overflow releases, upgrade its network and tackle illegally connected private pipes (misconnections) that can discharge untreated waste into surface water drains and ultimately the sea.
Real-time information: Southern Water aims to be transparent about storm overflow releases, publishing near real-time updates on its online 'Rivers and Seas Watch' service, with guidance on potential impacts on bathing waters.

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Adur & Worthing Councils

As the local authority, we also have responsibilities related to bathing water quality and public health.

Public information and signage: We are responsible for displaying information at designated bathing waters during the bathing season (May to September). This includes the general water quality classification and any advisory notices during pollution incidents, such as those caused by heavy rainfall. They are informed by the EA about pollution risk forecasts.
Local management measures: We work with other agencies, including Southern Water and the EA, to protect and improve coastal bathing waters. The council helps these agencies identify and address local sources of pollution, such as surface water and urban drainage issues that can affect water quality after heavy rainfall.
Land drainage: While Southern Water handles public sewers, local authorities have responsibilities related to land drainage and ordinary watercourses. West Sussex County Council also has a responsibility for main rivers. Blockages or issues in these systems can also contribute to polluted run-off entering bathing waters.
Public health: We also have a general responsibility for public health and environmental health, which includes advising residents on bathing safety and managing local environmental pollution.

We are also members of the Southern Water Stakeholder Group - a collective of local authorities from across the region which meet regularly to hold the water company to account. As a group, we continue to push Ministers for improvements and for a wider agreement on data sharing with Southern Water. See:

Southern Water Stakeholder Group - hosted on the Wealden District Council website

We also host quarterly meetings with West Sussex County Council, the EA and Southern Water to review progress with the ongoing improvement works and collaborations to improve the water quality catchment areas.

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Other contributing factors

It's important to note that other factors and entities can also contribute to adverse bathing water quality following rainfall:

Urban run-off: Rainwater flowing over roads and urban areas can pick up pollutants such as oil, chemicals, and litter, which then enter drainage systems and can be discharged into bathing waters.
Misconnections: Incorrectly plumbed private wastewater pipes can lead to untreated sewage entering surface water drains that flow directly into bathing waters.
Wildlife: Faecal matter from birds and other animals can also contribute to bacterial levels in bathing waters. DNA testing of samples by the EA from 2024 showed human and seabird markers present in most samples. A dog marker was also present in one sample but at a low count.
The public: Dog fouling on the beach is a source of e.coli - dog free beaches aim to reduce and prevent this. Feeding birds is also discouraged as it is an additional source of bacteria. The emptying of caravan toilets directly into road surface drains has been reported and is a direct source of untreated sewage entering the sea.
Agricultural run-off: Rainfall can wash fertilisers, pesticides and animal waste from farmed land into rivers and ultimately the sea.

Ensuring good bathing water quality in Adur and Worthing after rainfall is a collaborative effort. The EA monitors and classifies, Adur & Worthing Councils provide public information and help manage local issues, and Southern Water is responsible for the wastewater infrastructure.

However, the complexity of these factors, especially the impact of heavy rainfall on sewage systems and pollution, means that maintaining and improving bathing water quality remains an ongoing challenge that requires continuous investment and coordinated action from all involved parties.

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What a local authority cannot do (in relation to bathing water quality)

Enforcement against Southern Water: We do not have the legal powers to directly fine, prosecute or issue improvement notices to sewerage undertakers for sewage pollution affecting bathing waters. This power lies with the EA.
Ombudsman role: We cannot act as an ombudsman to resolve disputes between the public and water companies regarding pollution or service failures. Complaints against water companies are usually handled by the Consumer Council for Water (CCW) or, for environmental breaches, reported to the EA.
Infrastructure improvements: While we can advocate for improvements, we generally cannot legally compel water companies to undertake specific infrastructure upgrades to improve bathing water quality. These are typically driven by environmental regulations and investment plans overseen by central government and regulators.
Monitoring and classifying bathing waters: The EA is responsible for the statutory monitoring and classification of designated bathing waters in England.
Designating bathing waters: While we can apply to the government to have a site designated as a bathing water, we do not have the power to designate a site ourselves. The final decision rests with Defra ministers.
Bathing advice: If a bathing water is classified as 'Poor', the EA will advise against bathing, and we are responsible for displaying the relevant signage. However, the beach remains open as normal.

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What's the role of the government?

The Department for Environment Food and Rural Affairs (Defra) plays a central, overarching role in bathing water quality in England. Their responsibilities include:

Policy and legislation: Defra is responsible for setting the overall policy framework and developing the legislation for bathing water quality in England, notably the Bathing Water Regulations 2013. They periodically review and reform these regulations.
Designation of bathing waters: Defra makes the final decision on the designation of new bathing waters and the de-designation of existing ones, following applications and public consultations.
Strategic oversight: Defra provides strategic direction and oversight to the EA regarding their duties related to bathing water quality.
Publishing data and classifications: Defra is legally obliged to publish the EA's annual findings and classifications of bathing waters.
Holding water companies to account (indirectly): While the EA is the direct regulator, Defra ultimately sets the framework for holding water companies accountable for their environmental performance, including their impact on bathing waters. This can include introducing new powers, like those in the Environment Act 2021, to strengthen regulation and enforcement.
Funding and investment directives: Defra influences the investment priorities for water companies, often in consultation with Ofwat (the economic regulator), to ensure improvements in water quality, including for bathing waters.

In summary, we primarily act as local stakeholders, facilitating information to the public, advocating for improvements, and, in some cases, applying for bathing water designation. The monitoring, classification, regulation, and enforcement against Southern Water falls to the EA, under the policy direction and legislative framework set by Defra.

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