Offences for surface water pollution
You can discharge clean surface water run-off (rain run-off from roofs and yards) to surface waters without consent.
In England and Wales you must check if you need an environmental permit, or need to register an exemption from an environmental permit, before you discharge anything other than clean uncontaminated water to surface water or groundwater.
In Northern Ireland you are committing an offence if you do not have prior written consent and you cause or allow:
- waste, poisonous or polluting matter, to enter surface waters
- trade and sewage effluent to enter surface waters or groundwater.
In Scotland you are committing an offence if you carry out an activity that is likely to cause water pollution without an authorisation from SEPA. If there is a risk of run-off being contaminated you must have an authorisation under the Controlled Activities Regulations.
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 an environmental permit (England and Wales), a groundwater authorisation (Northern Ireland) or an authorisation (Scotland).
Do you need an authorisation to discharge to water?
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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 |
Offences for groundwater pollution
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.
In England and Wales you must have an environmental permit or a registered exemption if you:
- discharge a pollutant directly into groundwater
- discharge a pollutant that might indirectly enter groundwater
- discharge anything else that might cause a pollutant to enter groundwater directly or indirectly.
What happens if you don’t comply with environmental permitting?
In Northern Ireland you are committing an offence if you do not have prior written consent and you cause or allow:
- solid waste matter, or poisonous, noxious or polluting matter, to enter groundwater
- trade and sewage effluent to enter groundwater.
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.
Do you have to prevent or remedy water pollution?
Your environmental regulator can serve legal notices on you to ensure that you prevent or remedy water pollution. Your environmental regulator can serve a notice if:
- they think it is likely that you are causing or could cause a pollutant to enter surface waters or groundwater
- you have breached your authorisation or permit
- they think it is necessary for you to clean up waters that have become polluted as a result of your activities.
The notice will tell you what you must do and how long you have to carry out the works.
You must comply with any notices. You may have to:
- take steps to prevent any further water pollution
- remove polluting matter
- remedy environmental damage
- provide information.
Your authorisation or permit can also be suspended until the risk of pollution is removed or any pollution remedied.
Notices in England, Wales and Scotland
Your environmental regulator can also serve a works notice if:
- they think it is likely you are causing, or will cause, a pollutant to enter controlled waters
- they think it is necessary for you to clean up any part of the water environment that has been polluted by your activities.
The works notice will tell you what you must do to remedy the pollution and when you must carry out the works
Your environmental regulator can issue you with a prohibition notice to stop you from carrying out an activity that might directly or indirectly pollute groundwater.
Your environmental regulator can issue you with an enforcement notice to require you to comply with your permit if they think you are not complying with an environmental permit or authorisation condition. The enforcement notice will specify what you must do and when you must complete the work.
If you cause pollution, your environmental regulator can remedy the damage and charge you for the work.
Notices in Northern Ireland
The Northern Ireland Environment Agency (NIEA) can serve notices on you to prevent or remedy water pollution if:
- they think it likely that you are causing, or will cause, a polluting substance to enter surface waters or groundwater
- you break the conditions of a discharge consent.
Further information on controlling water pollution
Environment Agency: The implementation of the EC Groundwater Directive (80/86/EEC) in the UK (Adobe PDF - 23KB)
NIEA: Policy and practice for the protection of groundwater in Northern Ireland (Adobe PDF - 1.3MB)
SEPA: Water regulation
