Commentary on provisions of the Act Section 3: Pollution incident reduction plans New section 205A: Duty to prepare and publish plans
A pollution incident reduction plan is a plan for reducing the occurrence of pollution incidents attributable to an undertakers’ sewerage or water supply system. Pollution incidents are discharges that may be harmful to health or the environment. However, this excludes treated effluent that is discharged in accordance with environmental permits.
	These plans must address the frequency, seriousness and causes of pollution incidents and the measures (and timing of these measures) that undertakers intend to take to reduce the occurrence of pollution incidents. Undertakers must also assess the impact that the planned measures will have on reducing pollution incidents and set out the measures and timing for implementing those measures: subsection (4)(a) – (f) of the new section.
	Ministers (the Secretary of State for undertakers wholly or mainly based in England or the Welsh Ministers for undertakers wholly or mainly based in Wales) may issue directions on other matters that the plans must address, subject to consultation with the environmental regulator (Environment Agency for undertakers wholly or mainly based in England or Natural Resources Wales for undertakers wholly or mainly based in Wales) before the directions are issued (new section 205A(4)(g) and (5)). The undertaker must have regard to guidance produced by the environmental regulator in producing these plans. The environmental regulators must consult the relevant Minister and Ofwat prior to providing any guidance under new section 205A(6).
	The undertaker must publish its first plan before 1 April in the calendar year after the one in which this duty comes into force. The undertaker must publish a statement alongside the plan that confirms the chief executive has personally approved the plan.