Most sewage spills in England may be illegal, new research suggests

This is not the first time the Environment Agency’s enforcement regime has been questioned.

In 2024, the Office for Environmental Protection (OEP), an independent public authority, ruled that the EA had not properly enforced legislation on when sewage could be legally discharged. He said the EA allowed water companies to leak in “normal” weather conditions rather than “exceptional circumstances” as the law states.

In light of the OEP report published by EA new guidance last year, external It makes clear that spills should not occur under normal weather conditions.

But in an email exchange with the BBC, EA refused to confirm that the leaks were only meant to happen during “exceptional circumstances”, but said it would “always take action” if the law was breached.

“However, to meet the stringent legal requirements for bringing criminal convictions, we must consider a wide range of factors, including rainfall totals as well as specific site and permit conditions,” the spokesman said.

Asked to provide details of completed or ongoing enforcement action regarding leaks in “normal” weather conditions, an EA spokesman said they were unable to do so, citing “ongoing legal proceedings”.

Responding to Prof Hammond’s analysis, a spokesman for Water UK, which represents water companies, told the BBC: “As confirmed by the High Court and the Environmental Protection Agency, discharges should only occur in ‘exceptional circumstances’ or if preventing them is technically possible but would involve excessive cost.”

“In any case, we want to finish all evacuations and we are working to finish them as quickly as we physically can.”