A detailed analysis of sewage discharge data has raised questions about the legality of raw sewage spills into England’s waterways. Retired academic Prof Peter Hammond obtained a definition of “heavy rain” from confidential court documents related to a enforcement case and used it to examine discharge patterns across more than 350 storm overflow outlets operated by England’s nine water companies.
Under UK law, raw sewage should only be released during exceptional circumstances rather than normal weather conditions, yet regulators have historically lacked clear definitions of these terms. Hammond’s analysis found that approximately 86% of sewage spilling hours occurred when there had not been heavy rainfall, suggesting those discharges could potentially violate regulations. No water company demonstrated an illegality rate below 70% under his methodology across the preceding two years.
The Environment Agency acknowledged receiving guidance from the Office for Environmental Protection in 2024 regarding proper application of sewage discharge legislation. The regulator subsequently issued updated guidance clarifying that spills should not occur during normal weather. However, the EA stated it considers multiple factors when determining if violations have occurred and declined to confirm details of enforcement actions, citing ongoing legal proceedings.
Water companies and their industry representative group disputed Hammond’s conclusions, noting that discharge decisions involve site-specific permit conditions and technical feasibility considerations. They stated their objective is to eliminate all discharges and characterized themselves as working to reduce spill volumes. The EA indicated it takes action when breaches are identified but emphasized the stringent requirements necessary to pursue criminal convictions related to sewage spills.
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