9.—(1) It shall be the duty of every sewerage undertaker and the relevant enforcement authority in exercising their functions under Chapter III of Part VI of the 2006 Order (trade effluent) with respect to any discharge of industrial waste water, to secure that the requirements of Schedule 4 are met in respect of that discharge.
(2) Nothing in Article 179 (conditions of consent) of the 2006 Order shall be construed as restricting the power of a sewerage undertaker to impose in any consent under that Part such conditions as are necessary to comply with paragraph (1).
(3) Nothing in any agreement entered into, or deemed to have been entered into, between a sewerage undertaker and the owner or occupier of premises used for carrying on any trade or industry shall be treated as a consent, direction or condition for the purposes of Chapter III of Part VI of the 2006 Order unless the terms of that agreement are such as will secure that the requirements of Schedule 4 are met in respect of any discharge to which the agreement relates.
(4) A sewerage undertaker shall review, and if necessary modify, the consents, directions or conditions granted or deemed to be granted under Chapter III of Part VI of the 2006 Order at regular intervals.
(5) For the purposes of complying with paragraph (1) a sewerage undertaker may vary any agreement, or deemed agreement, under Article 187 of the 2006 Order (Agreements with respect to the disposal etc. of trade effluent) which provides for the discharge of industrial waste water to an urban waste water treatment plant without first entering a public sewer, and any such agreement shall not be enforceable if and to the extent that it permits any discharge of industrial waste water in respect of which the requirements of Schedule 4 are not met.
(6) Nothing in Chapter III of Part VI of the 2006 Order shall—
(a)restrict the power of a sewerage undertaker to vary a consent, direction or condition in pursuance of the duty imposed by this regulation; or
(b)render a sewerage undertaker or the Department for Regional Development liable to pay compensation as a consequence of any such variation made in pursuance of that duty.
Commencement Information
I1Reg. 9 in operation at 1.4.2007, see reg. 1