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Notice of Proposal to Make an Enforcement Order

South East Water Limited – Notice under section 20 of the Water Industry Act 1991

The Chief Inspector of Drinking Water, on behalf of the Secretary of State for Environment, Food and Rural Affairs, gives notice as required by section 20 of the Water Industry Act 1991 that –

  1. The Inspectorate proposes to make an enforcement order under section 18 of the Water Industry Act 1991 (‘the Act’) on South East Water Limited, with registered number 02679874, with registered address Rocfort Road, Snodland, Kent, ME6 5AH (‘the company’).
  2. The making of an order is proposed on the basis that the company is contravening the requirements of a notice served on it under regulation 28(4) of the Water supply (Water Quality) Regulation 2016 (as amended) (‘the Regulations’) (reference SEW-2025-00041). The Chief Inspector also notes the company may have contravened section 68(1)(a) of the Act and is at risk of doing so again.
  3. The Company notified the Inspectorate an event, at Pembury water treatment works and the subsequent impacts on the Blackhurst water supply zone (loss of supplies to Tunbridge Wells and surrounding areas) on 30 November 2025 (reference 2025/10706). The water treatment works auto shutdown (protecting the disinfection stage) shut down due to high turbidity, causing loss of supplies. The company chose to rely on regulation 26(5) of the Water Supply (Water Quality) Regulations 2016 (as amended) (‘the Regulations’) and supply potentially inadequately disinfected (and therefore, potentially unwholesome) water to consumers and issued boil water advice to protect public health.
  4. Notice SEW-2025-00041, served on 12 December 2025, requires that the company install and commission a microfiltration stage at Pembury water treatment works no later than 5:00 p.m. on 17 December 2025. This was a measure specified by the company as being required in to provide additional resilience to help prevent a reoccurrence of the original event. Therefore, there is a risk that the company may contravene section 68(1)(a) of the Act, by supplying water that is not adequately disinfected and potentially unwholesome to consumers without the completion of this measure.
  5. At 5:28 p.m. on 17 December 2025, the company wrote to the Inspectorate to notify that the action would not be completed on time. No alternative date for delivery of the measure was provided at the time.
  6. During a site visit to Pembury water treatment works by the Inspectorate on 19 December 2025, the company explained complications with the installation and stated the numerous plans are being worked on, with a variety of completion dates from 4 to 8 weeks.
  7. Failure to comply with a notice served under regulation 28(4) of the Regulations is enforceable under section 18 of the Act, by virtue of regulation 38 of the same Regulations.
  8. The contravention is not considered to be trivial to the extent that the exception under section 19(1)(a) of the Act applies. Nor do any other exceptions under section 19 apply.
  9. In the event that an order under section 18 of the Act is made, its effect is to place the company under a statutory obligation to comply with the steps and reporting required under the schedule of works associated with the order. The obligation to comply with an enforcement order is a duty owed to any person who may be affected by a contravention of the order, under section 22 of the Act. Please note that any breach of this duty may render the company actionable for any loss or damage caused by non-compliance by a person affected, subject to the statutory defence under s22(3) of the Act. Failure to comply may also result in civil proceedings being brought against the company by the Chief Inspector in respect of any contravention or apprehended contravention for an injunction or for any other appropriate relief.
  10. Representations or objections with respect to the making of the order may be made by 5:00 p.m. on Wednesday 21 of January and should be addressed to Marcus Rink, Chief Inspector of Drinking Water at dwi.enforcement@defra.gov.uk.
  11. Any representations or objections which are duly made and not withdrawn by 5:00 p.m. on Wednesday 21 of January shall be considered by the Inspectorate for the purposes of determining whether the proposed order should be made.

Signed

Marcus Rink

Chief Inspector of Drinking Water on behalf of the Secretary of State for Environment, Food and Rural Affairs

24 December 2025

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