Environmental Standards Scotland (ESS) says it welcomes a commitment by the Scottish Government to review existing guidance on the definition of the exceptional circumstances in which it is permissible for storm overflows to spill in Scotland.
In a letter to ESS, the Cabinet Secretary for Net Zero and Energy confirmed that this decision was taken in “recognition of the ESS request” to reconsider their position on this matter.
A previous statement from the Cabinet Secretary had said that the Scottish Government was assessing the European Union’s Urban Wastewaster Treatment Directive and planned to bring forward revised legislation concerning the operation of storm overflows as part of that process. However, ESS asked the Cabinet Secretary to reconsider updating guidance on the existing legislation, given concerns that revised legislation would take a significant amount of time and would result in an unacceptable delay and lack of clarity.
Chief Executive of ESS, Mark Roberts said:
“We have been clear that guidance in Scotland about the exceptional circumstances in which it is permissible for storm overflows to spill is outdated and is unclear that spills should only occur in exceptional circumstances.
“There is a high level of public concern on the operation and management of storm overflows in Scotland. That’s why we welcome this change of course from the Scottish Government to now look at how the guidance on exceptional circumstances can be updated without waiting for changes to be made to legislation that may take years to be finalised.
“ESS will continue to monitor and report on the delivery of this commitment.”
In response to a separate ESS recommendation that called for greater information and transparency on storm overflows, Scottish Water launched an overflow map in December 2024 showing real-time data from overflows across Scotland.
