SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 2Exempt water discharge activities: descriptions and conditions

Small discharges of sewage effluent: Wales

2.—(1) For the purpose of paragraph 5(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 5(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are—

(a)in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016(1), 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)that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

(c)that the discharge does not contain trade effluent;

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

(e)that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

(f)that the occupier must notify the exemption registration authority if an exempt water discharge activity ceases to be in operation;

(g)that the occupier must ensure that 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 pollutants entering inland freshwaters or coastal waters;

(h)that, before an occupier ceases to be in occupation of land on which an exempt water discharge activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

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

(ii)containing a description of the exempt facility,

(iii)stating the conditions that must be satisfied in relation to the exempt facility, and

(iv)accompanied by any records of maintenance mentioned in paragraph (e).