The government and the water regulator broke the law by allowing sewage to be discharged outside of “exceptional circumstances”, according to the green watchdog.
Outlets called combined sewer overflows (CSOs) are only meant to be opened on rare occasions, such as during very heavy rain to stop sewage flooding back into homes and businesses.
But the Office for Environmental Protection said environment department Defra, water regulator Ofwat and the Environment Agency failed to give guidance, permits and enforcement for the use of CSOs in line with the law.
The findings come in a crucial week for the water industry.
Image: An overflow pipe near the banks of Lake Windermere. Pic: Reuters
Campaigners who made the complaint to the green watchdog said it showed pollution “plaguing” rivers would not be happening if the various bodies were doing their jobs properly.
Sewage discharges can cause diarrhoea, stomach cramps and fever for swimmers, as well as harming wildlife and ecosystems.
The Office for Environmental Protection (OEP) has sent notices on what action must be taken to remedy the situation.
The various bodies have two months to respond, but a failure to take action could see them taken to court.
Please use Chrome browser for a more accessible video player
2:33
Why are water bills increasing?
“The core issue identified in our investigation is the circumstances in which the regulatory system allows untreated sewage discharges to take place,” said Helen Venn, the OEP’s chief regulatory officer.
“We interpret the law to mean that they should generally be permitted only in exceptional circumstances, such as during unusually heavy rainfall,” added Ms Venn.
“This is unless an assessment of the CSO concludes that the costs to address the issue would be disproportionate to the benefits gained.
“While the public authorities are now taking steps to ensure their approaches are aligned and reflective of the law, we have found that this has not always been the case.”
The OEP investigation did not include overflows at sewage treatment works – where the Environment Agency is now investigating companies for potential failures.
Image: Discharges into rivers, lakes and the sea have caused anger. File pic: Reuters
In response to the findings, an Ofwat spokesperson said it was “actively taking steps to remedy the issues”.
“We will continue to prioritise our enforcement investigation into all wastewater companies which started in 2021 to ensure that companies are meeting their environmental obligations,” they said.
Image: Thames Water recently revealed a 40% spike in sewage spills. Pic: Reuters
A Labour spokesperson said “catastrophic policies” by the Tories had “left record levels of sewage pollution in Britain’s rivers, lakes and seas”.
They said they had now acted “decisively” to put water firms in special measures, with new powers to ban bonuses and bring back criminal charges.
An Environment Agency spokesperson said it had “made significant progress in addressing the issues identified by the OEP and are consulting on updates to our permitting approach and regulatory framework for storm overflows”.
Labour will eliminate unauthorised sewage spillages in 10 years, the environment secretary has told Sky News.
Steve Reed also pledged to halve sewage pollution from water companies by 2030 as he announced £104 billion of private investment to help the government do that.
“Over a decade of national renewal, we’ll be able to eliminate unauthorised sewage spillages,” he said.
“But you have to have staging posts along the way, cutting it in half in five years is a dramatic improvement to the problem getting worse and worse and worse every single year.”
He said the water sector is “absolutely broken” and promised to rebuild it and reform it from “top to bottom”.
His earlier pledge to halve sewage pollution from water companies by 2030 is linked to 2024 levels.
The government said it is the first time ministers have set a clear target to reduce sewage pollution and is part of its efforts to respond to record sewage spills and rising water bills.
Ministers are also aiming to cut phosphorus – which causes harmful algae blooms – in half by 2028.
Image: Environment Secretary Steve Reed. File pic: PA
Mr Reed said families had watched rivers, coastlines and lakes “suffer from record levels of pollution”.
“My pledge to you: the government will halve sewage pollution from water companies by the end of the decade,” he added.
Addressing suggestions wealthier families would be charged more for their water, Mr Reed said there are already “social tariffs” and he does not think more needs to be done, as he pointed out there is help for those struggling to pay water bills.
The announcement comes ahead of the publication of the Independent Water Commission’s landmark review into the sector on Monday morning.
The commission was established by the UK and Welsh governments as part of their joint response to failures in the industry, but ministers have already said they’ll stop short of nationalising water companies.
Mr Reed said he is eagerly awaiting the report’s publication and said he would wait to see what author Sir John Cunliffe says about Ofwat, the water regulator, following suggestions the government is considering scrapping it.
On Friday, the Environment Agency published data which showed serious pollution incidents caused by water firms increased by 60% in England last year, compared with 2023.
Please use Chrome browser for a more accessible video player
1:38
Why sewage outflows are discharging into rivers
Meanwhile, the watchdog has received a record £189m to support hundreds of enforcement officers for inspections and prosecutions.
“One of the largest infrastructure projects in England’s history will clean up our rivers, lakes and seas for good,” Mr Reed said.
But the Conservatives have accused the Labour government of having so far “simply copied previous Conservative government policy”.
“Labour’s water plans must also include credible proposals to improve the water system’s resilience to droughts, without placing an additional burden on bill payers and taxpayers,” shadow environment secretary Victoria Atkins added.
The Rivers Trust says sewage and wastewater discharges have taken place over the weekend, amid thunderstorms in parts of the UK.
Discharges take place to prevent the system from becoming overwhelmed, with storm overflows used to release extra wastewater and rainwater into rivers and seas.
Water company Southern Water said storm releases are part of the way sewage and drainage systems across the world protect homes, schools and hospitals from flooding.
Circle’s Dante Disparte says the GENIUS Act ensures tech giants and banks can’t dominate the stablecoin market without facing strict structural and regulatory hurdles.