Part IV SEWERAGE SERVICES

chapter I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS etc

Principal duties and standards of performance

F196LSections 96B to 96K, 96M and 96N: interpretation

(1)

This section applies for the purposes of sections 96B to 96K, 96M and 96N.

(2)

In those sections (and this section)—

“associated catchment area”—

(a)

in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges;

(b)

in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;

“catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being;

“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;

“environmental permitting regulations” means—

(a)

the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or

(b)

any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;

“exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D;

“habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);

“the initial period” has the meaning given by section 96E(4);

“nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1);

“nitrogen sensitive catchment area” means an area designated under section 96C(1);

“nitrogen significant plant” has the meaning given by section 96B(3);

“nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;

“nutrient significant plant” means—

(a)

a nitrogen significant plant, or

(b)

a phosphorus significant plant;

“phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2);

“phosphorus sensitive catchment area” means an area designated under section 96C(2);

“phosphorus significant plant” has the meaning given by section 96B(4);

“plant” means a sewage disposal works;

“related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means—

(a)

if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard;

(b)

if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard;

“sensitive catchment area” means—

(a)

a nitrogen sensitive catchment area, or

(b)

a phosphorus sensitive catchment area;

“standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;

“treated effluent” has the meaning given by section 96F(3);

“upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E.

(3)

References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area.

(4)

References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7).