Runoff From Industrial Estates
Polluted runoff from roads, industrial estates and large car parks damages every river in London, but it is unregulated and uncontrolled. Contaminants build up during dry weather and are then washed down drains that lead to rivers.
It is illegal for a property to discharge polluted water to a river without a permit. A permit would require operators of these sites to install separators which clean the water. While it would be difficult to build separators into existing roads, due to a lack of space, this is not the case at industrial estates and large car parks. Enforcing the law here would see a significant reduction in this preventable source of pollution.
In December 2024 we asked the Environment Agency if they are enforcing the Environmental Permitting Regulations 2016 at industrial estates and large car parks, using an Information Request. They replied that they are not, but their position is a mess of contradictions. We plan to challenge this failure to meet their statutory duty by formally complaining to the Office for Environmental Protection, which can take legal action against the Environment Agency. We need you to put pressure on the Environment Agency’s position to show that we want a pro-active regulator that uses the full scope of the laws meant to protect rivers.
Runoff polluting a river in London
The Environment Agency “acknowledges the environmental concerns associated with urban diffuse pollution from large-paved areas (such as those on industrial estates or large car parks)”.
Despite this in, its reply to London Waterkeeper it said “The Environment Agency does not currently issue individual permits specifically for urban diffuse runoff from paved areas like industrial estates or large car parks in London, given that these typically fall under our position on managing uncontaminated surface water runoff.” But by definition these sites are not discharging uncontaminated surface water runoff. On the Government website it says “Typically a separator is needed for any site with a risk of oil contamination, such as: car parks larger than 800m2 or for 50 or more parking spaces”. It also says site operators must “Make sure only clean water drains into the surface water drain”.
The website also says that companies do not need a permit “to discharge uncontaminated water, such as clean rainwater from roofs or from small areas of hardstanding to surface water”. By definition a large car park is not a small area, and the runoff from the paved areas of industrial estates is not clean rainwater from roofs.
The Environment Agency’s circular, contradictory position will be challenged by London Waterkeeper.
Our position is that the law is clear, but the Environment Agency is refusing to enforce it. This means there is no incentive for companies to install separators, instead it encourages them to allow chemicals, heavy metals, oil and micro-plastics to leave their site and damage the local river. Rather than advocating for the polluter pays principle the Environment Agency is doing nothing.
This is a failure to fulfil their statutory duties. We are doing the work of the regulator by contacting the operators of industrial estates and retail parks and encouraging them to clean their runoff.
We are pressing the Environment Agency and Defra to tackle this problem using the Environmental Permitting Regulations 2016. If they do not we will complain to their regulator, the Office for Environmental Protection. We would seek a ruling from them that the EA should use the law to tackle this source of pollution.
If the email doesn’t automatically open you can copy our template below and email it to national.requests@environment-agency.gov.uk:
Dear Environment Agency,
Your Guidance says an environmental permit is needed if a discharge to a river contains “poisonous, noxious, polluting matter or polluting substances”.
Large paved areas, for example on industrial estates and car parks, will cause pollution when it rains, if the surface water drains are connected to a river, as the accumulated matter is washed into them.
The Environmental Permitting Regulations 2016 state that an offence has been committed if a person causes or knowingly permits a water discharge activity except under and to the extent authorised by an environmental permit.
Defra notes that “Highways drainage and urban diffuse pollution is a serious issue causing 18 percent of failures for water bodies in England under the Water Framework Directive”
Parliament’s Environmental Audit Committee in 2022 said “Diffuse pollution from highways, towns and cities can lead to chronic impacts on the quality of aquatic life in rivers as it accumulates in sediments.”
Your Guidance only exempts the discharge of uncontaminated water collected from public roads and small parking areas that’s been through a properly maintained oil separator to surface water. And the discharge of uncontaminated water, such as clean rainwater from roofs or from small areas of hardstanding to surface water.
I believe the Environment Agency is failing in its statutory duty to protect rivers by not using the Environmental Permitting Regulations 2016 to control water discharges from the paved areas of industrial estates and large car parks (more than 50 spaces). And that this failure results in the lack of preventative measures like the installation of oil separators or Sustainable Drainage Systems.
In your reply to an information request from London Waterkeeper (NR383845) you acknowledge “the environmental concerns associated with urban diffuse pollution from large-paved areas (such as those on industrial estates or large car parks)”. While you say you manage this pollution at the catchment level this is not as effective as focusing on the sources at a local level, where the pollution happens.
You also state “Pollution prevention measures are emphasised for larger sites to reduce risks of contaminants in runoff. This may involve operator-installed treatment mechanisms or separation structures, especially in cases where oil, sediment, or other pollutants are likely. Where water quality treatment is necessary, additional infrastructure may be required, and a permit may be needed depending on contamination levels.” However as the Environment Agency does not monitor run-off from these sites you are unable to determine if a permit is needed.
I want to see the Environment Agency use the Environmental Permitting Regulations 2016 to reduce run-off pollution from industrial estates and large car parks. I want the regulator to take preventative action on this problem.
Under the Environmental Information Regulations 2004
Can you provide me with the locations where your Catchment-Based Approach of “Working with local partnerships to manage runoff in targeted catchments through non-permit solutions.” has been implemented?
Through the use of your projects like Diffuse Urban Pollution Risk Mapping, can you provide me with a list or link for high-risk areas that have been identified and prioritised preventive action? (As referred to in your reply NR383845)?
Also in NR383845, you refer to “Urban River Restoration Projects: Projects such as the River Lea restoration incorporate wetland creation to naturally filter and improve water quality in key urban areas.” How is the River Lea wetland improving water quality specifically?
What other Urban River Restoration Projects have been or will be implemented?
How many industrial estates or large car parks have you visited to determine if permits are needed?
Electronic communication is fine.
Yours faithfully,