Discharges to water – offences
In England, Northern Ireland and Wales you are committing an offence if you cause or allow:
- solid waste matter, or poisonous, noxious or polluting matter, to enter surface waters or ground waters
- trade and sewage effluent to enter surface waters or ground waters without prior consent from your environmental regulator.
You can discharge clean surface water run-off (rain run-off from roofs and yards) to surface waters or ground waters without consent.
If there is any risk of run-off being contaminated, for example by oil drips from cars or roofs contaminated by chimney emissions, then you must have a discharge consent or groundwater regulations permit (England and Wales) or a groundwater authorisation (Northern Ireland).
In Scotland you are committing an offence if you carry out an activity that is likely to cause water pollution without SEPA's authorisation. If there is a risk of run-off being contaminated you must have an authorisation under the Controlled Activities Regulations.
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Case study: Fish kill costs company £5,000
A pig unit discharged effluent and an animal feed company discharged vehicle washings to controlled waters in Lincolnshire, killing dozens of fish. The companies were fined £2,000 plus costs and £5,000 plus costs. Both companies have now reviewed their management and cleaning procedures. Before discharging sewage, effluent or contaminated run off into waters you must have consent from your environmental regulator or you may be committing a pollution offence and could be prosecuted.
Find out more about trade effluent with our guidance.
Trade effluent - discharges to sewers |
Discharges to groundwater
You are committing an offence if, without your environmental regulator’s authorisation you discharge:
- hazardous substances to groundwater (these are substances that are toxic, persistent and liable to bio-accumulate)
- non-hazardous pollutants to groundwater in concentrations that are likely to cause pollution.
You must prevent hazardous substances from directly or indirectly entering groundwater. Hazardous substances are damaging and toxic. They include:
- many pesticides (including sheep dip) and herbicides
- many solvents
- mineral oils and hydrocarbons
- cadmium and mercury
- radioactive substances
- discharges from septic tanks.
You must limit non-hazardous pollutants from causing pollution of groundwater. Non-hazardous pollutants include:
- many metals, such as zinc, lead, copper
- many biocides
- phosphorous
- fluorides
- ammonia and nitrates.
