Campaigners slam ‘crooked system’ as less than 10% of emergency overflows monitored for sewage spills

Campaigners have slammed England’s “crooked” monitoring of emergency outflows after figures show only 10% are checked for sewage spills.

There are 7,016 emergency outflows in England which,  unlike storm overflows, are only permitted to be used in extreme situations such as electrical power failure, a mechanical breakdown of pumps, rising main failure or blockage of the downstream sewer.

Water companies are only required to monitor emergency overflows that discharge into shellfish waters, so only 686 emergency overflows (10%) recorded data in the last two years.

Of those, 102 discharged into shellfish waters 635 times in 2021 while the following year, 86 discharged 491 times.

The findings come following a Freedom of Information (FOI) request to the Environment Agency by the Marine Conservation Society (MCS), which found that emergency overflows are being used “frequently and often repeatedly”.

Dr Laura Foster of the Marine Conservation Society, who submitted the FOI request, said: “Emergency overflows are designed to be used as a last resort. Yet, from the tiny amount of data we do have, we can see that these discharges aren’t an uncommon occurrence, and there are repeat offences.

“It’s not clear why, after the first incident, measures aren’t being taken to prevent another emergency overflow discharge.

“Water companies are paid to treat our sewage and they need to be fulfilling this duty. The failure to put procedures in place, which they’re required to do, is putting marine life, and people, at risk.”

Last month the Guardian reported that 11 shellfish farms in Cornwall were forced to close after “very high” levels of E coli - a poisonous bacteria that grows in faeces - were found in oysters and mussels.

Shellfish waters are considered to be highly sensitive, along with bathing waters, still or slow-moving water bodies, sustainable fisheries, public parks and water used for sports, and the industry is furious with the government for not tackling the problem sooner.

‘What else are they hiding?’

Water companies must demonstrate that the emergency overflow was beyond their control and not because of a lack of maintenance. They are supposed to take all reasonable steps to prevent it happening again.

More than 60% of the emergency overflows being discharged on multiple occasions has raised concerns that water companies are breaching the terms of their permits without any punishment.

Environmental group Surfers Against Sewage (SAS) told NationalWorld that it is “not surprised at yet another dire example of a crooked system.”

Henry Swithinbank, SAS Policy and Research Manager, said: “Emergency storm overflows should rarely be used, if ever. Lapse regulation means they’ve been getting away with little more than a slap on the wrist.

“Without full transparency polluters will find new ways to cover up their wrongdoings and continue to treat our waterways like open sewers. What else are they hiding?”

Chris Tuckett, Director of Policy and Conservation at the MCS, said monitoring must be “urgently” put in place on all emergency overflows “as the first step to address yet another route of pollution of our marine environment."

He added: “We need more data from emergency overflows in England. Without the data, we can’t see the full picture of the damage being done.”

The MSC announced it is taking the government to court on the overuse of emergency overflows.

A spokesperson from Water UK said water companies are putting plans in place to track and reduce emergency overflow use but did not give further details.

They said “urgent action is needed” and the industry is investing £56 billion “in the biggest modernisation of sewers since the Victorian era”.

The spokesperson added: “We fully appreciate the strength of feeling about the health of our rivers and seas. We get it and we are taking action to put it right.

“Emergency overflows are a last resort for companies to relieve pressure on sewage pumping stations or treatment works when something goes wrong. It’s clear that urgent action is needed, which is why every water and sewerage company is putting in place plans to track and reduce their use.”

An Environment Agency spokesperson said: “We require water companies to monitor emergency overflows associated with designated shellfish waters as advised by government.

“In 2022, emergency overflows in these locations operated at an average rate of 1.5 times per overflow a year, while over 70% were not even used. We will continue to investigate and act against permit non-compliance.”