Part IVE+W SEWERAGE SERVICES

Modifications etc. (not altering text)

C1Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).

CHAPTER IIIE+W TRADE EFFLUENT

Modifications etc. (not altering text)

C3Pt. 4 Ch. 3 (ss. 118-141) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).

Pt. 4 Ch. 3 (ss. 118-141) modified (1.2.1996) by 1995 c. 25, s. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

Pt. 4 Ch. 3 (ss. 118-141): transfer of functions (1.4.1996) by 1995 c. 25, s. 2(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C4Pt. 4 Ch. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C5Pt. 4 Ch. 3 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)

Consents on an applicationE+W

127 Review by F1[the [F2appropriate agency]] of consents relating to special category effluent.E+W

(1)Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under section 132 below) for the time being authorised by virtue of a consent under this Chapter to make discharges of any special category effluent from those premises into a sewerage undertaker’s public sewer, F3[the [F2appropriate agency]] may review the questions—

(a)whether the discharges authorised by the consent should be prohibited; and

(b)whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are made.

(2)Subject to subsection (3) below, [F4the [F2appropriate agency]] shall not review any question under this section unless—

(a)the consent or variation by virtue of which the discharges in question are made has not previously been the subject-matter of a review and was given or made—

(i)before 1st September 1989; or

(ii)in contravention of section 133 below;

(b)a period of more than two years has elapsed since the time, or last time, when notice of [F4the [F5appropriate agency's]] determination on any reference or review relating to that consent or the consent to which that variation relates was served under section 132 below on the owner or occupier of the trade premises in question; or

(c)there has, since the time, or last time, when such a notice was so served, been a contravention of any provision which was included in compliance with a requirement of a notice under section 132 below in the consent or variation by virtue of which the discharges in question are made.

(3)Subsection (2) above shall not apply if the review is carried out—

(a)for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any [F6EU] obligation or to any international agreement to which the United Kingdom is for the time being a party; or

(b)for the protection of public health or of flora and fauna dependent on an aquatic environment.

Textual Amendments

F1Words in s. 127 sidenote substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in s. 127(1) substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4Words in s. 127 substituted (1.4.1996) by 1995 c. 25, ss. 120(1), Sch. 22 para. 107 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3