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The Urban Waste Water Treatment (England and Wales) Regulations 1994

Status:

This is the original version (as it was originally made).

Discharges of industrial waste water to collecting systems or treatment plants

7.—(1) It shall be the duty of each of the following, that is to say—

(a)every sewerage undertaker;

(b)the Director General of Water Services; and

(c)the Secretary of State,

in exercising their functions under Chapter III of Part IV of the Water Industry Act 1991 (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 subsection (1) or (2) of section 121 of that Act (conditions of consent) shall be construed as restricting the power of a sewerage undertaker to impose in any consent under the said Chapter III such conditions as are necessary to comply with paragraph (1) above.

(3) Nothing in any agreement entered into between a sewerage undertaker or its predecessor and the owner or occupier of premises used for carrying on any trade or industry shall be treated as a consent or authorisation for the purposes of the said Chapter III 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) Sewerage undertakers shall review, and if necessary modify, the consents or authorisations granted or deemed to be granted under the said Chapter III at regular intervals.

(5) For the purposes of complying with paragraph (1) above, a sewerage undertaker may vary any agreement under section 129 of the Water Industry Act 1991 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 the said Chapter III shall—

(a)restrict the power of a sewerage undertaker or the Secretary of State to vary a consent or authorisation in pursuance of the duty imposed by this regulation; or

(b)render a sewerage undertaker or the Secretary of State liable to pay compensation as a consequence of any such variation made in pursuance of that duty.

(7) The duty imposed on sewerage undertakers by this regulation shall be enforceable under section 18 of the Water Industry Act 1991 by the Director General of Water Services.

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