These include that the system “make pollution visible” through “100% monitoring of all sewer overflows so that we know how often our waterways are being polluted” and that the next government “stop routine pollution” by matching “the new EU standards for surface water quality and wastewater treatment to safeguard human and environmental health”.

ERCS also calls on the next Scottish Government to “hold polluters to account” by reviewing the resources and enforcement of current regulations”, and to “build resilience” by setting “interim targets for 2030 to invest in blue-green infrastructure to reduce sewage spills”.

These manifesto-calls come off the back of enquiries and cases dealt with by the centre, and detailed analysis of the problems around Scotland’s water quality and pollution regulation and enforcement.

Calls for action over Scotland’s ‘toothless’ sewage enforcement

Between June 2021 and June 2025, ERCS’s Advice Service received 29 enquiries about water quality/pollution and 13 enquiries about sewage, contamination and sanitation. Three of the enquiries identified systematic issues with surface water pollution from sewer overflows operated by Scottish Water. One involved the Water of Leith, another the River Almond, the third Eastfield Pumping Station.

The three cases, it says, “highlight that many sewage pollutants are not covered by the Environmental Quality Standards for surface waters – the legal benchmark for water quality in our rivers, lochs and coasts”.

In the River Almond example, the River Almond Action Group had applied for bathing waters status in a bid to get the river tested and monitored around a site where previously people had swum, and children played, they were required to prove that 150 bathers used the site.

ERCS observed: “Bathing water designation, which offers better protection from sewage pollution, is very difficult to obtain. Despite photographs demonstrating sewage pollution in the River Almond, the Scottish Environment Protection Agency (SEPA) found that the evidence was insufficient.”

SOS Leith campaigner Jim Jarvie by the Water of Leith, image Gordon Terris

Gaps in regulation

Following work on these cases, ERCS has examined the gaps in regulations covering pollution from sewer overflows and weaknesses in enforcement, and made recommendations to improve them. What their work reveals are failures in all of the bodies involved to grapple with the problem – SEPA, Environmental Standards Scotland, Scottish Water and the Scottish Government.

The cases exposed how difficult it is for the public to get information and testing on pollutants in many waters. “Many pollutants,” ERCS said, “that may be present in sewage (e.g. heavy metals) are listed in the Environmental Quality Standards for Scotland’s surface waters. However, other pollutants that communities are concerned about, such as microplastics, PFAS and faecal pathogens, are not.”

Testing for these bacteria, which can cause human illness, mostly only takes place at sites which have bathing waters status, and only between June and September, leaving most rivers and coastal areas without protection.

One way to get waters tested is therefore to get bathing waters designation. But, when River Almond Action Group applied for it, the group were required to prove that 150 bathers used what is a relatively small site.

In January 2023, ERCS made a representation to ESS challenging the 150-bather threshold and other criteria in the bathing water application process as unlawful.

The result was that the application form was revised. But, said ERCS, instead of making it easier to gain bathing water designation, the new form “has made it more difficult”.

Alison Baker, formerly of the River Trust, on the Almondell River by the proposed bathing pools. Pic Gordon Terris

Sewage spills and monitoring

One of the most high-profile issues around sewage in Scotland is the monitoring and licensing of combined sewage overflows, infrastructure designed to release drain water and sewage at times of heavy rain so that this does not back up into homes and buildings.

Scotland, it is frequently pointed out has a low level of monitoring compared with that of England and Wales. Currently 34% of Scottish Water’s CSOs are monitored, whilst in England the figure is 91%, and in Wales, 96%.

In September 2024, Environmental Standards Scotland made a series of recommendations to the Scottish Government, SEPA and Scottish Water regarding storm overflows. Among these were that data about spills and licence compliance should be published and monitoring improved, particularly of all unsatisfactory overflows.

ESS also called for regular data analysis to find and improve overflows spilling in dry weather, and for publication of timetables for proposed improvement work.

A key issue, the ERCS analysis observed, is the licensing of sewage overflows. SEPA’s licenses ERCS observed, “relate to the sewer overflow infrastructure” rather than the “quality of discharge to be achieved”.

ERCS acknowledged that Scottish Water has made progress in recognising the “importance of monitoring and investing in more monitoring equipment”. But it noted that SEPA’s licence conditions for Scottish Water require it to monitor” only a limited number of overflows” and that they do not require them to regularly monitor or report on “all sewer overflows”.

There is, ERCS said, a “lack of transparency about enforcement”. SEPA, for instance, has not published compliance data for Scottish Water’s licenses since 2019 and there has, ERCS noted, “been insufficient enforcement of CAR [Controlled Activities Regulations] licence conditions”.

The three cases, the briefing said, have shown that SEPA “does not always enforce CAR licences despite evidence of breaches and sewage pollution”.

A 2024 report on storm overflows by Environmental Standards Scotland also discussed evidence of possible non-compliance, such as uncertainty whether Scottish Water is monitoring and reporting on overflows as required, and discharges during dry weather.

Sewage debris at manhole near Stanley Mills, River Tay (Image: Brooke Labagh)

In 2023-2024, Scottish Water reported to the Water Industry Commission for Scotland that 22% of its intermittent discharges (storm overflows) were in unsatisfactory condition. Though these were prioritised for improvement in Scottish Water’s investment process, ERCS pointed out that the public water company’s current investment programme “still does not address all unsatisfactory assets, which nonetheless remain licensed”.

“It is unclear,” ERCS added, “if SEPA has taken any further action to address pollution from these overflows”.

An ERCS spokesperson said: “The issue of ‘unsatisfactory’ overflows shows how toothless enforcement is. Malfunctioning overflows remain licenced, meanwhile communities are in the dark about how often their local waterways are being polluted and struggle to get it addressed.”

ERCS observed that “in England and Wales, the Independent Water Commission was established in 2024 to “provide recommendations for a fundamental ‘reset’ of the water sector” and that, “in Scotland, too, more ambitious reforms are needed”.

Key recommendations

As well as the manifesto calls, its briefing also included more detail recommendations. “Scotland,” it said, should “keep pace with the European Union’s Environmental Quality Standards for surface waters, with the ambition to go further and incorporate emerging pollutants in response to public concern and latest research.”

Bathing waters monitoring should be amended, as should the bathing water application criteria, so they are “clear and transparent, and permit all recreational water users to be counted in applications.” Currently the bathing water season only covers the warmer months and all-round monitoring should be introduced.

Scotland, it says, should also “establish accurate and publicly accessible monitoring data for all sewer overflows by 2030” as well as “implement green and blue sewer infrastructure… and reduce discharges through future investment programmes”.

It should be required that overflows be “screened and have event monitors installed” and that there is “reporting of data from all monitored overflows”, as well as the “publication of accessible and real-time overflow monitoring data that is linked with reasons for discharges, rainfall and licence compliance data”.

SEPA, it said, “must address its long-standing breach and comply with its duty to publish data on CAR licence compliance” and “make full use of its enforcement powers when addressing breaches”.

Dr Shivali Fifield, ERCS Chief Officer, said: “Water pollution is not just a problem down south. So many people across Scotland are viscerally impacted by raw sewage in their waterways and we need urgent action to address this. There are multiple sources of water pollution which require long-term investment. We hope that our petition to tackle sewage will catalyse a national conversation for transformational change.”

What SEPA, Scottish Water and government say

A Scottish Government spokesperson said: “There is already a robust regulatory framework in place that is delivering good environmental outcomes.

 “86% of Scotland’s entire water environment is assessed by SEPA as having a ‘high’ or ‘good’ classification for water quality – up from 82% in 2014.

“Scottish Water delivered on its commitment to install 1000 new spill monitors by the end of 2024 and monitoring data is now available on its website. A further 700 monitors will be delivered in 2025-26.”

A Scottish Water spokesperson said: “We are monitoring more overflows than ever before, providing more information on overflows than ever before and investing more than ever before in our waste water network and we remain committed to targeting resources and investment to preserve and protect Scotland’s water environment.

“We have gone beyond the initial commitments set out in our Improving Urban Water (IUW) Routemap in the number of Event Duration Monitors (EDMs) that we have deployed and are continuing to build on this commitment with more EDMs and improvements to our near real time overflow map. We are working to deliver as many Unsatisfactory Intermittent Discharges (UID) improvements as possible in our current investment period.

“We welcome recent confirmation from the Scottish Environment Protection Agency (SEPA) that, for 2026, 82% of bathing waters have achieved “Good” or “Excellent” classification and 97% meet the required standards and that this reflects the progress delivered through regulation, investment and partnership working.”

Rachel Harding-Hill, SEPA’s Interim Head of Water and Planning, said: “Scotland’s rivers, lochs, and coastal waters are among our most valuable natural assets, and nearly nine in ten are now in good condition. Our bathing waters continue to perform strongly too, with most achieving Good or Excellent status for 2026. This progress reflects a decade of regulation, investment and strong partnership working across the country. 

“Storm overflows are a necessary part of how the sewerage network operates, but they must only ever be used appropriately and never as routine. Through the River Basin Management Plan (RBMP), the Improving Urban Waters Route map, and our new Environmental Performance Assessment Scheme (EPAS), we are committed to continuing to demand investment in the worst overflows, strengthening compliance and providing transparent reporting on performance.

“We’re also changing how data is made available. Until now, some discharge information was available on request. We’ll shortly begin publishing spill and compliance data in more accessible formats. Looking ahead, transparent performance reporting will be introduced through EPAS, meaning communities will be able to see clearly how operators are performing year after year. And we’ll continue to strengthen the data and tools needed to understand storm overflow performance, including better insights into dry-weather spills.

“Scotland’s waters are one of our greatest assets, and we are determined to protect and improve them for generations to come.”

An ESS spokesperson said: “We understand that there is widespread public concern in Scotland on issues concerning sewage discharge and water quality. 

“That’s why, in our storm overflows report last year, we made clear and substantive recommendations to the authorities responsible for our water, including the Scottish Government, SEPA and Scottish Water, to act to improve the system. All three have acted in response to our recommendations, including in relation to monitoring, regulatory guidance and on the operation of storm overflows in Scotland.

 “We will continue to monitor progress against implementing these changes and hold organisations to account so that our recommendations are delivered in full.”

What political parties say

Scotland’s political parties responded to the ERCS campaign. Scottish Liberal Democrat leader Alex Cole-Hamilton MSP said: “It is appalling that the SNP government-owned water company is dumping huge amounts of sewage into our waters every year.

“We don’t even know the true scale of this dumping because so little of the network is properly monitored, especially compared to England, where 100% is monitored.

“Scottish Liberal Democrats have long campaigned to turn a tide on this scandal. That’s why we have published plans for a Clean Water Act that would bring our sewage network into the 21st century and clamp down on discharges.”

Scottish Conservative shadow rural and islands secretary Tim Eagle MSP said: “Scotland is not immune to the sewage crisis, and SNP ministers can’t keep pretending otherwise. For years they have neglected Scotland’s ageing wastewater system and allowed Scottish Water to fall miles behind on monitoring and enforcement.”

 “ERCS is right to highlight that barely a fraction of overflows are properly tracked and that major discharges are going unnoticed. That is a direct consequence of SNP inaction, weak regulation and a lack of investment in basic infrastructure.”

Scottish Greens MSP Mark Ruskell said: “This is an important conversation to have when we look at the necessary steps to take for protecting and improving our environment. 

 “Reducing sewage and water pollution benefits everyone. Already, the Scottish Greens have pushed for stronger powers to be given to regulatory bodies like SEPA to crack down on polluters and we want to see investment made to upgrade our sewage systems.”