Watchdog calls for overhaul of storm overflow visibility and outdated guidance in Scotland
An environmental watchdog has called for action from the Scottish Government, the Scottish Environmental Protection Agency (SEPA) and Scottish Water to improve the monitoring, regulatory guidance and operation of storm overflows in Scotland.
In a report, Environmental Standards Scotland (ESS) – an independent body set up to ensure the effectiveness of environmental law and prevent enforcement gaps arising from the UK leaving the European Union – found:
There is no comprehensive, publicly available information on the scale and environmental impact of spills from storm overflows in Scotland. In 2023, data was publicly available for only 8% of overflows. ESS called for full monitoring and pubic transparency. It also called on Scottish Water to publish a comprehensive and accessible plan for all proposed improvement work, with locations and timings.
Where there is data, some sites spill much more frequently than should be expected. ESS analysis of Scottish Water data reported to SEPA showed that in 2023, 49% of the 142 storm and emergency overflows spilled over 50 times, 32% over 100 times and four over 500 times. ESS gave the example of one combined sewer overflow at the Meadowhead treatment works in North Ayrshire that spilled 365 times on 124 different days in 2023.
Scottish Water and SEPA may not have identified all of the storm overflows that appear to spill in dry weather; ESS called for high-risk dry spillers to be identified and prioritised for investigation and improvement.
Current Scottish guidance is outdated. It has not updated since 1998, before devolution, and it is not sufficiently clear that spills from storm overflows should only occur in exceptional circumstances. This limits the effective implementation and application of the Urban Waste Water Treatment (Scotland) Regulations 1994. Given a revised Urban Waste Water Treatment Directive was formally adopted by the European Parliament in April 2024, ESS said the Scottish Government will need to review the legislation if it wishes to keep pace with developments in European environmental policy and legislation. Specifically, ESS called for clarity in the guidance about the exceptional circumstances during which it is permissible for storm overflows to spill, factoring in climate change predictions.
ESS said it expects a response to its recommendations within six months. In the meantime, it has also begun investigatory work on the legislation governing environmental pollution incidents and the responsibilities of SEPA and Scottish Water.
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