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Earlier this year, Professor Hammond received undisclosed documents from a source within the Environment Agency (EA) related to a court case involving Southern Water’s illegal sewage discharge in 2021. Among these documents was a previously unpublished definition of what constitutes “heavy rain” conditions. Internal papers from the EA also confirmed that water companies are permitted to release sewage only during instances of “heavy” rainfall—conditions that exceed typical weather patterns.
Utilizing this new definition, Prof Hammond, a retired academic and advocate whose research on sewage spills has been referenced in Parliament and influenced the regulatory decisions of Ofwat, conducted an analysis of spill data from water companies. His study examined more than 350 storm overflow outlets across England, assessing whether heavy rain was present during sewage discharge events. These outlets represented a combination of the largest sewage treatment facilities as well as a diverse sample of smaller works, spanning all nine water companies that supply over 30 million people in England.
The findings were striking: about 86% of the hours during which raw sewage was released occurred without “heavy rain,” suggesting that these discharges could be illegal. No water company performed well under this scrutiny, with the best—over the past two years—still potentially breaching the law in more than 70% of cases. Prof Hammond condemned the situation, stating to BBC News, “It’s totally outrageous, both from the point of the water companies who are exploiting the weak regulation but also from the Environment Agency’s point of view, where they’ve not been doing their job properly.”
This controversy adds to previous criticisms of the Environment Agency’s enforcement practices. In 2024, the Office for Environmental Protection (OEP) found that the EA was not correctly applying the law regarding legal sewage discharge. Specifically, the EA had allowed spills during “normal” weather conditions, contrary to the legislation which permits discharges only in “exceptional circumstances.” Following the OEP’s report, the EA published new guidance last year clarifying that sewage should not be spilled in typical weather. However, in correspondence with the BBC, the EA declined to explicitly state that spills must only occur in “exceptional circumstances,” while asserting it would “always take action” against legal breaches. The agency’s spokesperson added that pursuing criminal convictions requires careful evaluation of several factors, including site-specific permit details and rainfall data. When asked about enforcement related to spills during normal weather, the EA said it could not share details due to “ongoing legal proceedings.”
Responding to Prof Hammond’s research, a representative from Water UK, the body representing water companies, told the BBC that discharges are only allowed in “exceptional circumstances” or if preventing them would be technically feasible but excessively costly, a position confirmed by both the High Court and the OEP. The spokesperson emphasized, “In any case, we want to end all discharges and are working to end them as fast as we physically can.”
Read the full article from The BBC here: Read More
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