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Septic Tanks and Small Sewages Discharges November 2019 Information Septic tanks and small sewages discharges Properties not connected to the be registered or require a permit; instead mains sewer any operator must follow a set of general binding rules where they are making a small If a property or business is not connected to sewage discharge. the mains sewer, its sewage will go to one of the following: However, a permit will still be required in areas that are identified as being a septic tank - an underground tank environmentally sensitive. where the solids sink to the bottom and the liquid flows out and soaks through What is a small sewage the ground discharge? a small sewage treatment plant (also A discharge of 2m² per day or less known as a package treatment plant) - (equivalent to sewage from 9 people a part-mechanical system that treats the living in a single property) to the ground liquid so it’s clean enough to go into a via a septic tank and infiltration system; river or stream or a cesspool (also called a cesspit) - a A discharge of 5m² per day or less sealed tank that collects the sewage (equivalent to sewage from 31 people a non-standard system, e.g. a reed occupying a single property) to water. bed or a trench arch system, which may need a permit from the Environment For larger discharges, different rules apply. Agency. Who is an Operator? The New Regulations An operator is a person who has control New regulations brought in on 1 January over the operation of a septic tank or 2015 (“the Regulations”), have attempted to sewage treatment system. An operator may simplify the regulation of domestic small be: sewage discharges from septic tanks or small sewage treatment plants. This 1 an owner of the system; information sheet summarises those rules. Head Office 2 someone who uses it even though the Heathervale House 2-4 Vale Avenue If you have a cesspool, the rules will not system itself or part of it may be located Tunbridge Wells apply, although planning controls apply to on neighbouring land; or Kent TN1 1DJ the installation of new cesspools and the T 01892 510000 F 01892 540170 Environment Agency can take enforcement 3 another person e.g. a tenant or action if a cesspool is in poor condition. leaseholder who agrees to be Thames Gateway responsible for operation and Corinthian House Galleon Boulevard Septic tanks and small sewage maintenance through a written Crossways Business Park treatment plants agreement. Dartford Kent DA2 6QE If you share a septic tank with other T 01322 623700 In most cases, septic tanks and small F 01322 623701 sewage treatment plants no longer need to properties, responsibility for the septic tank and its discharge and for complying with the www.ts-p.co.uk 1 LIVE 7414976-4 November 2019 Septic tanks and small sewages discharges Continued general binding rules is a shared manufacturer’s specification and be responsibility, unless you have a written large enough to handle the maximum of agreement which states otherwise. sewage that it will need to treat; Maintenance must be undertaken What is an existing discharge? regularly. Records (for example, maintenance, tank emptying and If the discharge was already being made servicing receipts) must be kept for 5 before 31 December 2014, it is an existing years (you should pass any records on discharge. If you have upgraded or replaced to the new occupier if you move house); your treatment system (or are planning to do so) but still make the discharge to the Waste sludge from the system must be same place, this is still an existing safely disposed of by a registered waste discharge. carrier, a minimum of once a year; and The discharge must not cause pollution What is a new discharge? of surface water or groundwater. It should be noted that discharges from A new discharge is one that was started septic tanks directly to surface water (as after 1 January 2015. If you have upgraded opposed to those that discharge to the or replaced your existing treatment system ground) are not allowed under the (or are planning to do so) and make the General Binding Rules. Environment discharge to a different place, this would be Agency guidance on the Rules states classed as a new discharge. that septic tanks of this type should be replaced or upgraded within a The General Binding Rules reasonable timescale, typically 12 months. Under the Regulations anyone who has a domestic septic tank or small sewage Additional rules also contain detailed treatment plant will be expected to follow a technical information on the size and siting set of rules (“the General Binding Rules”) of a discharge. It is therefore advisable to whether or not a permit is required. obtain a septic tank/drainage survey from a qualified drainage expert to ascertain The rules apply to all sewer discharges and whether the drainage system is compliant, include specific regulations depending on suitable for the property and in satisfactory whether sewage is discharged to drainage condition. water or via an infiltration system or drainage field. Guidance can be found at: www.gov.uk/permits-you-need-for-septic- There are also additional rules which only tanks/overview apply to new discharges. Permit Requirements Rules applicable to all small sewer discharges: Permits will continue to be used in areas designated as environmentally sensitive; the The system must be installed and Environment Agency will be able to tell you operated in accordance with the www.ts-p.co.uk 2 LIVE 7414976-4 November 2019 Septic tanks and small sewages discharges Continued if a particular area is designated as issuing a warning; environmentally sensitive. statutory enforcement notices and works notices; Households and businesses located in an area nearest to a groundwater drinking suspension or revocation of water supply (known as a groundwater environmental permits; source protection zone 1 or SPZ1) will be in injunctions; environmentally sensitive areas. carrying out remedial works; Permits will also be required where systems other civil and financial sanctions are not able to meet the General Binding including Fixed Penalty Notices; and Rules. prosecution and orders ancillary to The Environment Agency will grant a permit prosecution. if there is: Property sellers no evidence of pollution; or the risk of pollution is acceptable Property sellers must provide the purchaser with a written notice if a property has a If there is evidence of pollution or the risk of septic tank or small sewage treatment plant. pollution is unacceptable the Environment The notice must include details of the Agency will ask you to make changes to location, maintenance and a description of your system and may issue a permit with the waste water system. In most cases this improvement conditions. information is included within property information forms that are completed as part The current permit application charge for a of the conveyancing process. small sewage discharge is £125. Further information Enforcement This information sheet is not intended to be The Environmental Agency has said that if it a substitute for specific advice and is for identifies a small sewage discharge which general guidance only. It is based upon our requires a permit, its first course of action understanding of the legal position as at will always be to provide advice and November 2019 and may be affected by guidance to help the operator make a permit subsequent changes in the law. application. For more information please contact Sarah If you are granted a permit but the Easton on 01892 510000 or email at: Environment Agency finds that your system may be causing pollution to surface or [email protected] groundwater it will contact you to discuss the issues. The formal options that the Environment Agency has include, amongst others: © Thomson Snell & Passmore LLP All Rights Reserved www.ts-p.co.uk 3 LIVE 7414976-4 .
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