Commentary on provisions of the Act Section 4: Emergency overflows New section 141F Reporting on discharges from emergency overflows
Sewerage undertakers must report in near real time (within an hour) on the fact of a discharge from an emergency overflow, together with location and information as to when the discharge began and ended. An emergency overflow is defined at new section 141G.
	Information on discharges from emergency overflows must be reported within one hour of the discharge starting, and within one hour of it finishing. Additionally, the information to be published must be in a format which is both easily understandable and easily accessible by the public. Ofwat are responsible for bringing enforcement proceedings against undertakers which fail to comply with the duty, relying on existing enforcement machinery provided by sections 18 to 22 of the 1991 Act (which involves the giving of enforcement orders enforceable by the courts).
	The Secretary of State has powers to make regulations that set out exceptions to the requirements to publish information under section 141F, subject to a consultation requirement. The regulations are to be made by statutory instrument under the draft affirmative resolution procedure: new subsections (5), (6) and (7).