Most sewage spills in England may be occurring illegally, according to new research. This analysis, prompted by leaked court documents, suggests water companies are potentially breaching environmental laws by discharging wastewater during normal weather conditions, rather than only in exceptional circumstances.
The Environment Agency's (EA) enforcement practices have faced scrutiny. In 2024, the Office for Environmental Protection (OEP), an independent body, determined that the EA was not consistently applying legislation regarding sewage discharge. The OEP stated the EA was permitting spills to occur during "normal" weather, contrary to the legal requirement that such discharges should only happen in "exceptional circumstances."
Following the OEP report, the EA issued updated guidance last year clarifying that spills should not take place during normal weather. However, the EA has declined to confirm definitively that spills are restricted solely to "exceptional circumstances." A spokesperson for the EA stated that the agency "would always take action" in cases of legal breach but noted that prosecuting requires consideration of various factors, including specific site and permit conditions, as well as rainfall totals.
When asked for details on enforcement actions related to spills during normal weather, the EA cited "ongoing legal proceedings" and declined to provide specifics.
Water UK, representing the water companies, stated that discharges should only occur in "exceptional circumstances" or when preventing them would be technically feasible but prohibitively expensive. The organization added, "In any case, we want to end all discharges and are working to end them as fast as we physically can."