Drainage consents
Claire Smith, solicitor in the planning and environment department of Berwin Leighton Paisner, advises on dealing with sewers and trade effluent.
The problem
The local sewerage undertaker notifies a hotel owner that it is considering prosecuting him for allowing the hotel's washing machines to drain into the public sewer without consent. What can he do?
Expert advice
All trade premises must obtain the consent of the local sewerage undertaker before discharging trade effluent into the public sewer (trade effluent means any liquid produced in the course of any trade carried on at trade premises). The hotel is obviously a "trade premise" and its washing machines are run as part of the hotel business, therefore the waste water it produces is "produced in the course of a trade".
In Thames Water Authority v Blue and White Launderettes Limited [1980] 1 WLR 700, waste water discharged from washing machines in a launderette was held to be trade effluent even though it was exactly the same as waste water from domestic washing machines. This means that a hotel requires ordinary trade effluent consent to pour anything down its sinks or drains, even washing-up water or waste water from washing machines. The hotel owner should, therefore, immediately contact the local sewerage undertaker to seek to make a retrospective application for ordinary trade effluent consent.
It is unlikely that the hotel owner will be prosecuted for his first offence, particularly if he responds quickly by entering into discussions with the sewerage undertaker regarding the consent application.
An application for consent to discharge trade effluent into a public sewer should state: the nature or composition of the trade effluent; the maximum daily amount intended to be discharged; and the highest rate at which it will be discharged.
The sewerage undertaker may attach conditions to the consent specifying what materials can or cannot be discharged into the public sewer and how much per day. It can also charge for issuing the consents.
The hotel owner can appeal to the Director General of Water Services if the sewerage undertaker refuses the application for consent or attaches conditions to the consent that are too restrictive.
Even stricter controls apply where the trade effluent discharged into the public sewer contains certain special substances, such as chemicals harmful to the aquatic environment. "Special category effluent" consent is required, and discharging trade effluent containing proscribed substances without the necessary special category effluent consent is also an offence.
The law
Section 118(1) of the Water Industry Act 1991 states that the occupier of any trade premises within the area of a sewerage undertaker may discharge trade effluent from the premises into a public sewer only when it is done with the sewerage undertaker's consent.
Checklist
Before purchasing hotel premises:
- Obtain full information about the supply of water to the property and any rights to discharge waste water
- Check the location of the local drains and sewers
- Check whether the hotel drains and sewers are publicly or privately owned
- Check whether waste water flows directly into a river.
Once you have purchased your hotel premises:
- Consider what kind of potentially polluting discharges your business may generate and discuss what consents may be needed with the sewerage undertaker
- Obtain confirmation that you do not require special category effluent consent (unlikely for a hotel).
If trade effluent consent is refused or unfairly conditioned:
- Appeal to the Director General of Water Services at the Office of Water Services (Ofwat).
Contacts
Claire Smith
Berwin Leighton Paisner: 020 7760 1000
claire.smith@blplaw.com
Ofwat: 0121-625 1373
www.ofwat.gov.uk
Beware!
It is an offence to discharge trade effluent from trade premises into a sewer without consent or in breach of a condition.
If you are convicted in the magistrates' court, the maximum fine is £5,000. But if convicted in the Crown Court, the fine is unlimited.
