Duty to provide and maintain collecting systems and treatment plants4
1
This regulation supplements the duty imposed on every sewerage undertaker by section 94 of the Water Industry Act 1991 M1 (general duty to provide sewerage system) and any contravention of the requirements of this regulation shall be treated for the purposes of that Act as a breach of that duty.
2
Subject to paragraph (3) below, the duty imposed by subsection (1)(a) of the said section 94 shall include a duty to ensure that collecting systems which satisfy the requirements of Schedule 2 are provided—
a
where the urban waste water discharges into receiving waters which are a sensitive area, by 31st December 1998 for every agglomeration with a population equivalent of more than 10,000; and
b
without prejudice to sub-paragraph (a) above—
i
by 31st December 2000 for every agglomeration with a population equivalent of more than 15,000; and
ii
by 31st December 2005 for every agglomeration with a population equivalent of between 2,000 and 15,000.
3
Paragraph (2) above shall not apply where either—
a
the Authority has certified that the establishment of a collecting system is not justified because it would produce no environmental benefit; or
b
the Secretary of State has certified that the establishment of a collecting system is not justified because it would involve excessive cost,
and individual systems or other appropriate systems are provided and the Authority has certified that those systems achieve the same level of environmental protection.
4
The duty imposed by subsection (1)(b) of the said section 94 shall include a duty to ensure that urban waste water entering collecting systems is, before discharge, subject to treatment provided in accordance with regulation 5, and to ensure that—
a
plants built in order to comply with that regulation are designed (account being taken of seasonal variations of the load), constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions;
b
treated waste water and sludge arising from waste water treatment are reused whenever appropriate; and
c
disposal routes for treated waste water and sludge minimise the adverse effects on the environment.