\n These manifesto-calls come off the back of enquiries and cases dealt with by the centre, and detailed analysis of the problems around Scotland\u2019s water quality and pollution regulation and enforcement.\n<\/p>\n
Calls for action over Scotland\u2019s \u2018toothless\u2019 sewage enforcement<\/p>\n
\n Between June 2021 and June 2025, ERCS\u2019s 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<\/a>. One involved the Water of Leith, another the River Almond, the third Eastfield Pumping Station.\n<\/p>\n \n The three cases, it says, \u201chighlight that many sewage pollutants are not covered by the Environmental Quality Standards for surface waters \u2013 the legal benchmark for water quality in our rivers, lochs and coasts\u201d.\n<\/p>\n \n 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.\n<\/p>\n \n ERCS observed: \u201cBathing 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<\/a> Protection Agency (SEPA) found that the evidence was insufficient.\u201d\n<\/p>\n \n \n Gaps in regulation\n<\/p>\n \n 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 \u2013 SEPA, Environmental Standards Scotland, Scottish Water<\/a> and the Scottish Government<\/a>.\n<\/p>\n \n The cases exposed how difficult it is for the public to get information and testing on pollutants in many waters. \u201cMany pollutants,\u201d ERCS said, \u201cthat may be present in sewage (e.g. heavy metals) are listed in the Environmental Quality Standards for Scotland\u2019s surface waters. However, other pollutants that communities are concerned about, such as microplastics, PFAS and faecal pathogens, are not.\u201d\n<\/p>\n \n 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.\n<\/p>\n \n 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.\n<\/p>\n \n 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.\n<\/p>\n \n 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 \u201chas made it more difficult\u201d.\n<\/p>\n \n Sewage spills and monitoring<\/p>\n \n 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.\n<\/p>\n \n Scotland, it is frequently pointed out has a low level of monitoring compared with that of England and Wales. Currently 34% of Scottish Water\u2019s CSOs are monitored, whilst in England the figure is 91%, and in Wales, 96%.\n<\/p>\n \n 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.\n<\/p>\n \n 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.\n<\/p>\n \n A key issue, the ERCS analysis observed, is the licensing of sewage overflows. SEPA’s licenses ERCS observed, \u201crelate to the sewer overflow infrastructure” rather than the \u201cquality of discharge to be achieved\u201d.\n<\/p>\n \n ERCS acknowledged that Scottish Water has made progress in recognising the \u201cimportance of monitoring and investing in more monitoring equipment\u201d. But it noted that SEPA\u2019s licence conditions for Scottish Water require it to monitor\u201d only a limited number of overflows\u201d and that they do not require them to regularly monitor or report on \u201call sewer overflows\u201d.\n<\/p>\n \n There is, ERCS said, a \u201clack of transparency about enforcement\u201d. SEPA, for instance, has not published compliance data for Scottish Water\u2019s licenses since 2019 and there has, ERCS noted, \u201cbeen insufficient enforcement of CAR [Controlled Activities Regulations] licence conditions\u201d.\n<\/p>\n \n The three cases, the briefing said, have shown that SEPA \u201cdoes not always enforce CAR licences despite evidence of breaches and sewage pollution”.\n<\/p>\n \n 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.\n<\/p>\n \n \n 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\u2019s investment process, ERCS pointed out that the public water company\u2019s current investment programme \u201cstill does not address all unsatisfactory assets, which nonetheless remain licensed\u201d.\n<\/p>\n \n \u201cIt is unclear,\u201d ERCS added, \u201cif SEPA has taken any further action to address pollution from these overflows”.\n<\/p>\n \n 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.”\n<\/p>\n \n ERCS observed that “in England and Wales, the Independent Water Commission was established in 2024 to \u201cprovide recommendations for a fundamental \u2018reset\u2019 of the water sector\u201d and that, \u201cin Scotland, too, more ambitious reforms are needed\u201d.\n<\/p>\n Key recommendations<\/p>\n \n As well as the manifesto calls, its briefing also included more detail recommendations. \u201cScotland,\u201d it said, should \u201ckeep pace with the European Union\u2019s Environmental Quality Standards for surface waters, with the ambition to go further and incorporate emerging pollutants in response to public concern and latest research.\u201d\n<\/p>\n \n Bathing waters monitoring should be amended, as should the bathing water application criteria, so they are \u201cclear and transparent, and permit all recreational water users to be counted in applications.\u201d Currently the bathing water season only covers the warmer months and all-round monitoring should be introduced.\n<\/p>\n \n Scotland, it says, should also \u201cestablish accurate and publicly accessible monitoring data for all sewer overflows by 2030\u201d as well as \u201cimplement green and blue sewer infrastructure… and reduce discharges through future investment programmes\u201d.\n<\/p>\n \n It should be required that overflows be \u201cscreened and have event monitors installed\u201d and that there is \u201creporting of data from all monitored overflows\u201d, as well as the \u201cpublication of accessible and real-time overflow monitoring data that is linked with reasons for discharges, rainfall and licence compliance data\u201d.\n<\/p>\n \n SEPA, it said, \u201cmust address its long-standing breach and comply with its duty to publish data on CAR licence compliance\u201d and \u201cmake full use of its enforcement powers when addressing breaches\u201d.\n<\/p>\n \n Dr Shivali Fifield, ERCS Chief Officer, said: \u201cWater 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.\u201d\n<\/p>\n What SEPA, Scottish Water and government say<\/p>\n \n A Scottish Government spokesperson said: \u201cThere is already a robust regulatory framework in place that is delivering good environmental outcomes.\n<\/p>\n \n \u00a0\u201c86% of Scotland\u2019s entire water environment is assessed by SEPA as having a \u2018high\u2019 or \u2018good\u2019 classification for water quality \u2013 up from 82% in 2014.\n<\/p>\n \n \u201cScottish 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.\u201d\n<\/p>\n \n A Scottish Water spokesperson said: \u201cWe 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\u2019s water environment.\n<\/p>\n \n \u201cWe 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.\n<\/p>\n \n \u201cWe welcome recent confirmation from the Scottish Environment<\/a> Protection Agency (SEPA) that, for 2026, 82% of bathing waters have achieved \u201cGood\u201d or \u201cExcellent\u201d classification and 97% meet the required standards and that this reflects the progress delivered through regulation, investment and partnership working.\u201d\n<\/p>\n \n Rachel Harding-Hill, SEPA\u2019s Interim Head of Water and Planning, said: \u201cScotland\u2019s 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.\u00a0\n<\/p>\n \n \u201cStorm 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.\n<\/p>\n \n \u201cWe\u2019re also changing how data is made available. Until now, some discharge information was available on request. We\u2019ll 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\u2019ll continue to strengthen the data and tools needed to understand storm overflow performance, including better insights into dry-weather spills.\n<\/p>\n \n “Scotland\u2019s waters are one of our greatest assets, and we are determined to protect and improve them for generations to come.\u201d\n<\/p>\n \n An ESS spokesperson said: \u201cWe understand that there is widespread public concern in Scotland on issues concerning sewage discharge and water quality.\u00a0\n<\/p>\n \n \u201cThat\u2019s 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.\n<\/p>\n \n \u00a0“We will continue to monitor progress against implementing these changes and hold organisations to account so that our recommendations are delivered in full.\u201d\n<\/p>\n What political parties say<\/p>\n \n Scotland’s political parties responded to the ERCS campaign. Scottish Liberal Democrat leader Alex Cole-Hamilton MSP said: “It is appalling that the SNP<\/a> government-owned water company is dumping huge amounts of sewage into our waters every year.\n<\/p>\n \n \u201cWe don\u2019t 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.\n<\/p>\nSOS Leith campaigner Jim Jarvie by the Water of Leith, image Gordon Terris\n<\/p>\n
Alison Baker, formerly of the River Trust, on the Almondell River by the proposed bathing pools. Pic Gordon Terris\n<\/p>\n
Sewage debris at manhole near Stanley Mills, River Tay (Image: Brooke Labagh)\n<\/p>\n