LEGAL action over pollution in the River Wye, Lugg and Usk catchment area has been expanded to include Welsh Water as a defendant, alongside food giant Cargill Plc, Avara Foods and Newent poultry producer Freemans as defendants.

Sewage spills into the rivers make Welsh Water also accountable for pollution that has damaged water quality, claims law firm Leigh Day, which now has a base in Hereford to handle demand for the claim into alleged pollution.

Avara, Cargill and Freemans were named as primary defendants last March, alleging public and private nuisance and breaches of the Environmental Protection Act 1990. The companies deny the allegations.

Leigh Day claims industrial-scale chicken production managed by Avara, who have a factory in Hereford, is responsible for most water pollution in the Wye catchment.

It says manure that runs off into the Wye, Lugg and Usk creates phosphorus and nitrate pollution resulting in algal blooms, which block sunlight and deprive water of oxygen.

However, phosphorus and nitrates present in sewage discharges from Welsh Water’s operations are also contributing to the pollution, claims Leigh Day.

Now, as a result of a July 2024 Supreme Court ruling that a sewage nuisance claim can be brought against a water company, Leigh Day has added Welsh Water to the legal action.

A letter before civil legal action has been sent to the utility, alleging that their sewerage discharges, high in phosphorus and bacteria due to human faeces, have materially contributed to the pollution of the Wye, Lugg and Usk, resulting in problems with odour, insect swarms, biodiversity loss, and poor water quality.

A letter outlining similar allegations against Avara, with its 50 per cent shareholder Cargill PLC and subsidiary company Freemans of Newent, was sent last year.

The effects include interfering with residents’ enjoyment of the river in activities such as wild swimming and fishing, as well as negatively impacting businesses which rely on the condition of the river.

Organisations including the Environment Agency report wastewater treatment works and sewage discharges as other contributors to Wye phosphorus pollution.

WW itself in May 2023 estimated that 23 per cent of phosphorus in the Wye came from its own wastewater treatment works.

Last June, the EA successfully prosecuted WW for breaching an environmental permit at a sewage treatment works near Hereford between August 2020 and June 2021, by exceeding permitted levels of wastewater into the Wye.

Data published by WW shows that between 2021-2023, it was responsible for spills into the Wye Catchment over 89,000 hours, an equivalent of over 3,000 days.

Leigh Day partner Oliver Holland, who is leading the claim, said: "It’s important that we hold all of the corporations that we allege are the biggest polluters of the Wye, Lugg and Usk to account in the legal action.

“We believe that the evidence points to Welsh Water as a major contributor to the pollution of the Wye, Usk and Lugg. This legal action is not just about a single company or entity – it is about ensuring more widely that enough is being done to stop UK rivers and waterways from deteriorating.

“Last year’s Supreme Court ruling in the case of Manchester Ship Canal v United Utilities has paved the way for Leigh Day to be able to expand the Wye legal claim. At present this will be the biggest nuisance claim for sewage operations against a water company in the UK.”

The legal claim is supported by campaign group River Action, whose chair Charles Watson, added: “With the addition of Welsh Water as a defendant, this legal action is clearly shaping up to be one of the most significant pieces of litigation relating to river pollution yet witnessed in the UK. “

Leigh Day will hold an event in Hereford Left Bank on the evening of Thursday, February 20, for residents to talk to the legal team about the claim.

A Dwr Cymru Welsh Water spokesperson said: “We have just received a Letter Before Action and require time to consider the contents carefully before responding

“We take our responsibility for protecting the environment seriously and over the next five years will invest £2.5 billion to improve the environment.

“Last spring we completed seven investment schemes, totalling £53million, on the Wye a year ahead of schedule. This followed £17m investment at another six sites in recent years.

“We are currently investing heavily to the benefit of the Usk – with £20m on our assets on the river and another £13m on a green alternative to a storm overflow which is on the Afon Lwyd, which feeds into the Usk.”