Trade effluent legislation
The Water Industry Act 1991 contains the principal legislation relating to the discharge of trade effluent to the public sewer.
The main sections of the Act concerning trade effluent are:
Section 106 Right to drain domestic sewage and surface or storm water from trade premises to the public sewer but not trade effluent
Section 111 Restriction on the discharge of harmful materials to the public sewer.
Section 118 (1) Right to discharge trade effluent to the public sewer with consent.
Section 118 (5) Offence to discharge trade effluent without consent.
Section 119 Application for trade effluent consent.
Section 120 Application in respect of special category effluent to be referred to the Secretary of State.
Section 121 Conditions which may be attached to consents including the payment of charges.
Section 121 (5) Offence to contravene the conditions of consent.
Sections 122/123 Rights of appeal to the Director General of Water Services in respect of applications for consent.
Sections 124/125 Power to vary conditions of consent by direction.
Section 126 Right of appeal to the Director General in respect of variations of consent.
Section 127 Review by the Secretary of State of consents relating to special category effluent.
Section 129 Agreements instead of consents.
Section 130 Agreements in respect of special category effluent to be referred to the Secretary of State.
Section 131 Review by the Secretary of State of agreements relating to special category effluent.
Sections 132/133/134 Determination of references and reviews relating to special category effluent.
Section 138 Meaning of ‘special category effluent’.
Section 139 Secretary of State’s power to extend the act to other effluents.
Section 141 (1) Definitions of ‘trade effluent’ and ‘trade premises’.
Section 141 (2) Farms and scientific research establishments deemed to be trade premises.
Sections 142/143/144 Powers of undertakers to raise trade effluent charges.
Section 168 Right of entry.
Section 196 Public register of trade effluent documents.
Section 204 Provision of information to sewerage undertakers with respect to trade effluent discharges.
The Trade Effluents (prescribed process and substances) Regulations 1989 and The Trade Effluents (prescribed process and substances) (Amendment) Regulations 1990.
These regulations specify the industrial processes and the chemical substances which determine whether or not a particular trade effluent is special category effluent for the purposes of the Water Industry Act 1991.
The discharge of special category effluent has to be referred by Wessex Water to The Environment Agency, acting on behalf of the Secretary of State, for their approval.
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