Last updated: (February 2005)
Introduction
Companies that discharge rainwater, cooling water, or treated liquid effluents directly to controlled waters are likely to require a discharge consent to do so from the Environment Agency, SEPA, or the Environment and Heritage Service. This Reference Note describes the issues involved.
Background
If your company discharges rainwater, cooling water, or treated wastewater directly to controlled waters, you are required to obtain the consent of the appropriate regulatory agency. The discharge is authorised and controlled under specific legislation, and the regulatory authority is entitled to charge for this on a cost recovery basis. The charges relate to the extent and nature of your discharge and the type of receiving waters. A responsible company will be aware of the potential environmental impact of its discharges on the receiving water and act to minimise this. It is an offence to cause pollution of controlled waters.
Information
What are controlled waters?
Controlled waters include:
- surface waters such as ditches, streams and rivers, ponds, lakes and lochs
- groundwater contained in underground strata, or in wells or boreholes
- estuarial waters
- coastal waters
What types of discharge need to be authorised?
The surface water drains from industrial or commercial premises should carry only uncontaminated rainwater. Any liquid discharges that are liable to be contaminated should be discharged to sewer, or discussed with the relevant Agency with a view to authorisation. Above certain minimum limits, discharges of the following types may require authorisation:
- drainage from roofs and hardstandings in many industries
- drainage from garage forecourts and fuel delivery areas
- drainage from raw material delivery areas
- drainage from material storage areas
- direct discharge of treated wastewater
- water from external washing and cleaning activities
- sewage or septic tank drainage from industrial or commercial premises
Legislation and Regulation Applying to Discharges to Controlled Waters
England and Wales
In England and Wales, discharges to controlled waters are subject to the Water Resources Act 1991 (as amended). The Environment Agency is the regulatory authority responsible for protecting controlled waters under this legislation. If your company intends to make such a discharge you should apply to the Environment Agency (Tel: 01645 333111) for a discharge consent.
Scotland
In Scotland, discharges to controlled waters are subject to the Control of Pollution Act 1974 (as amended). The Scottish Environment Protection Agency (SEPA) is the regulatory authority. If your company intends to make such a discharge you should apply to SEPA (telephone 01786 457700) for a discharge consent.
Northern Ireland
In Northern Ireland, discharges to controlled waters were subject to the Water Act (Northern Ireland) 1972. This has been repealed and re-enacted by the Water (Northern Ireland) Order 1999. The Environment and Heritage Service is the regulatory authority. If your company intends to make such a discharge you should apply to the EHS (Tel: 01232 254754) for a discharge consent.
IPC and ICC
If you operate a process that is regulated under Integrated Pollution Control legislation in Britain or under Integrated Central Control in Northern Ireland, the discharges that you may make to controlled waters will be considered within the appropriate IPC or ICC authorisation.
Offences
It is an offence to cause pollution of controlled water, deliberately or accidentally, and the Agencies can prosecute offenders. It is an offence to contravene a discharge consent condition and the Agencies can serve an Enforcement Notice on the holder of the consent. It is an offence to fail to comply with the terms of an enforcement notice. The penalty can be a fine of up to ?20,000 or imprisonment for up to two years.
How do you apply, and what are the application fees?
You should contact your regulatory authority to discuss your intentions and to obtain an application form.
- The standard application charge in England and Wales is ?617, and in Scotland is ?546 for 1999-2000. A separate application and fee is required for each different effluent that is to be discharged.
- A reduced application charge of ?88 in England and Wales applies where the proposed discharge is less than 5 m?/day of sewage, or less than 10 m? of trade effluent from cooling or heat exchange, or is surface water without trade effluent. The similar reduced application charge is ?78 in Scotland.
- Application fees have not been announced for Northern Ireland, but prospective dischargers should contact the Environment and Heritage Service.
What are the annual charges for discharge to controlled waters?
The annual charge is computed from four factors:
- the volume factor (0.3 to 14), relating to the maximum permitted discharge per day
- the content factor (0.3 to 14), relating to the amount and nature of the pollutants discharged
- the receiving water factor (0.5 to 1.5), relating to the type of receiving water
- the financial factor relating to the particular year (?477 in England and Wales and ?315 in Scotland for 1999-2000).
As an example, a flow of 1200 m?/day (factor 3), of treated organic trade effluent (factor 3), to a river (factor 1) would cost ?4293 in 1999-2000 in England and Wales, and ?2835 in Scotland. The charging schemes are fully explained in an Environment Agency leaflet entitled Discharges to controlled waters, and in the SEPA publication entitled Scheme of annual charges in respect of discharges to controlled waters and land (Scotland) 1999.
Annual charges have not been announced for Northern Ireland.
Environmental Management of Your Discharges to Watercourse
Roofs and hardstandings
Where practical, you should not install air-cleaning equipment on roofs such that sporadic discharges during operation and servicing can enter the drainage system. You should consider the installation of interceptors to remove oil and grit from the drainage water from hardstandings such as car parks.
Garage forecourts and fuel delivery areas
You should anticipate the effect of a major spillage of fuel oil during delivery and install appropriately sized bunds. You should install interceptors to remove oil from the drainage water from garage forecourts and fuel delivery areas.
Raw material delivery and storage areas
Where a significant amount of delivery activity occurs in unprotected areas, or materials are stored in the open, you should install an interceptor, or a bund for materials that would be highly polluting or toxic.
Effluent and wastewater
In addition to ensuring that your effluent treatment system contains appropriate technologies and is correctly sized, you should ensure that the environment is protected by reliable equipment that monitors and records your discharge continuously.
Washing and cleaning
Before you start to use a pressure washer or a steam cleaner externally, you should anticipate the possible problems that might be caused by the run-off and ensure that it is bunded or directed to an interceptor.