The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

Schedule 3 Part 2 (exempt water discharge activities: descriptions and conditions)

10.  In Part 2 of Schedule 3—

(a) in paragraph 2 (small discharges of sewage effluent) for the heading substitute “Small discharges of sewage effluent: Wales”;

(b) after paragraph 2 insert—

“Small discharges of sewage effluent: England

2A.— (1) For the purpose of paragraph 4A(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

(2) For the purpose of paragraph 4A(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that an operator of the sewage treatment plant ensures that—

(a) all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in guidance issued by the Agency in relation to—

(i) design and manufacturing standards,

(ii) construction, installation and operation specifications,

(iii) siting and installation, and

(iv) the capacity of the works and equipment;

(b) in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

(c) the discharge does not contain trade effluent;

(d) all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(e) all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of polluting matter entering inland freshwaters or coastal waters;

(f) before the land or part of the land on which the sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

(i) stating that an exempt water discharge activity is being carried on on the land; and

(ii) containing a description of the exempt facility.

(3) For the purposes of this paragraph, an operator is a person who has control over the operation of the sewage treatment plant by reason of—

(a) being an owner of the land on which the sewage treatment plant is situated or being used; or

(b) having entered into a written agreement with the owner of the land on which the sewage treatment plant is situated or being used to be responsible for the maintenance of the sewage treatment plant.”.