There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Industry Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
(1)Subject to the following provisions of this Chapter, the occupier of any trade premises [F1in England] in the area of a sewerage undertaker may discharge any trade effluent proceeding from those premises into the undertaker’s public sewers if he does so with the undertaker’s consent.
[F2(1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.]
(2)Nothing in this Chapter shall authorise the discharge of any effluent into a public sewer otherwise than by means of a drain or sewer.
(3)The following, that is to say—
(a)the restrictions imposed by paragraphs (a) and (b) of section 106(2) above; and
(b)section 111 above so far as it relates to anything falling within paragraph (a) or (b) of subsection (1) of that section,
shall not apply to any discharge of trade effluent which is lawfully made by virtue of this Chapter.
(4)Accordingly, subsections (3) to (8) of section 106 above and sections 108 and 109 above shall have effect in relation to communication with a sewer for the purpose of making any discharge which is lawfully made by virtue of this Chapter as they have effect in relation to communication with a sewer for the purpose of making discharges which are authorised by subsection (1) of section 106 above.
(5)If, in the case of any trade premises, any trade effluent is discharged without such consent or other authorisation as is necessary for the purposes of this Chapter, the occupier of the premises shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine.
Textual Amendments
F1Words in s. 118(1) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(a), 88(3)(b); S.I. 2023/1096, art. 3
F2S. 118(1A) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(b), 88(3)(b); S.I. 2023/1096, art. 3
Modifications etc. (not altering text)
C1S. 118 excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 6(1)
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