Part II Trade Effluents
Agreements in lieu of applications for consent
37 Agreements as respects trade premises.
(1)
(2)
The reference in the foregoing subsection to an agreement shall include a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after the commencement of this section.
(3)
(4)
(5)
Without prejudice to subsection (1) above, any agreement under this section may provide for—
(a)
the construction by F7Scottish Water of such works as may be required for the reception, treatment or disposal of trade effluent;
(b)
the removal and disposal by F8Scottish Water of substances produced in the course of treating any trade effluent on or in connection with the premises;
(6)
A discharge of trade effluent which is made in accordance with an agreement under this section shall not otherwise require the consent of F11Scottish Water nor may the making of such a discharge be reviewed by the direction of F12Scottish Water; and accordingly sections 26 to 32 and 36 above shall not apply to such a discharge.
(7)
If the parties to an agreement under this section have failed to renew the agreement, with or without variation, on or before the date of its expiry, F13Scottish Water may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and subsections (2) to (7) of section 32 above shall, with any necessary modifications, apply to a direction under this subsection.
(8)
Until a direction has been made under subsection (7) above in respect of an agreement, a discharge may continue to be made in accordance with the agreement.
(9)
Any reference in this section to an occupier shall include a reference to a prospective occupier.