Last updated: (February 2005)
Introduction
The Water Industry Act came into force in 1991 and consolidates various enactments relating to the appointment of water and sewerage undertakers, conditions of appointment, supply of water and the provision of sewerage services. The Sections of the Act which are of particular importance to industry, concern the criteria for discharging effluent into the sewerage system.
Key issues for industry
Waste, Contamination and Misuse of Water
Under Sections 71-75 it is an offence for an owner or occupier of premises to intentionally or, through negligence, unintentionally allow water fittings to remain in disrepair, so as to cause contamination, waste or misuse of water. Water authorities are entitled to cut off the water supply or serve a notice on consumers for contamination or waste of water.
Disposal of Effluents into Sewers
Sections 118-134 of the Water Industry Act contain the criteria for discharging trade effluent in the sewers. Trade effluent is any liquid waste, in any quantity, that is produced from an organisation's operations. Trade effluent can include liquid process wastes, wash water, cooling water, condensate water from compressed air installations, and waste chemicals. No effluent can be discharged into the sewer which may damage the sewer, injure the people working in it or interfere with the working of the sewage treatment works.
No wastewater can be discharged to a sewer unless authorised by the sewerage undertaker (the relevant Water Service Company). Sinks, basins, toilets or gullies should not be used for disposing of any liquid wastes or wash waters, unless permission to do so has been obtained from the sewerage undertaker. Application to discharge to the sewer should include details of the effluent, quantity to be discharged in any one day and the highest rate at which it is proposed to discharge. In granting a trade effluent consent the sewerage undertaker may impose conditions such as the volume of discharge, composition of the discharge (chemical oxygen demand, temperature, concentration of suspended solids) and the sewer into which it may be discharged. The conditions of discharge may also include the provision for maintenance of inspection chambers and meters, equipment for testing the effluent, keeping of records and the payments to the sewerage undertaker.
The Trade Effluents (Prescribed Processes and Substances) Regulations 1989 (SI 1156) (amended 1990, 1992) apply to companies which have, or are seeking, a consent to discharge specified trade effluents under the Water Industry Act. These Regulations relate principally to the procedures adopted by the sewerage undertaker and the Environment Agency. The sewerage undertaker must refer all applications covering special category waste to the Environment Agency, who decide if the discharge should be prohibited or permitted, subject to conditions.
Processes which are regulated under Part I of the Environmental Protection Act 1990 also require a trade effluent consent from the sewerage undertaker.
Advice should be sought from the local sewerage undertaker for any trade effluent discharges into the sewer system.
Failure to comply with the Water Industry Act is an offence subject to a fine not exceeding £20,000 and/or imprisonment not exceeding 3 months, when tried in a Magistrates Court. An unlimited fine or prison sentence of up to two years may be imposed if the case is tried in a Crown Court. Prosecutions under the Act are brought by the sewerage undertaker.
Benefits to industry in reducing discharge of trade effluent
Companies which use a systematic approach to water reduction can save money on water supply and in trade effluent disposal. The ETBPP Good Practice Guide GG152 Tracking Water Use To Cut Costs, gives guidance on how companies can identify where water is being used and how water use can be reduced. Other ETBPP publications which may assist in water saving measures, are detailed below.