Regulatory Environment

Regulatory Controls on the Discharge of Effluents

The Water Resources Act (WRA) 1991, Part III, provides for the implementation of the requirements of OSPAR and the EC Directives on bathing water (76/160/EC), dangerous substances (76/464/EEC), shellfish waters.

(79/923/EEC), and urban waste water treatment (91/271/EEC). The discharge consent system and water pollution offences established under the Act apply to “controlled waters”  (That is rivers, estuaries, coastal waters or groundwater).

A consent is required from the EA for:

• Any discharge of trade or sewage effluent into controlled waters;
• Any discharge of trade or sewage effluent through a pipe from land into the sea outside the limits of controlled waters;
• Any discharge where a prohibition is in force.

A consent is required for each individual discharge, even if originating from the same premises or installation.

There is also a general offence under s.85(1) of the WRA of causing or knowingly permitting any poisonous, noxious or polluting matter or any solid waste to enter controlled waters.  This general offence complements the more specific offence of discharging trade or sewage effluent without consent. It also covers accidental and non-routine escapes of trade or sewage effluent because, whilst the specific offence requires a 'discharge', the general offence only requires an 'entry'. In addition, non-point discharges, such as agricultural runoff, are potentially covered by the general offence.

Integrated Pollution Prevention and Control

Part I of the Environmental Protection Act (EPA) 1990 established the system of Integrated Pollution Control (IPC),under which discharges to air, land and water from prescribed industrial processes are subject to authorisation by the EA. The Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control (England and Wales)Regulations 2000, which provide for the implementation of EC Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC), introduced a new regime that will eventually replace existing legislation under the EPA. The Regulations apply to England and Wales and are applicable to territorial waters.

The IPPC Directive requires a range of industrial installations to be regulated by a system of integrated pollution control (i.e. a system in which emissions to air, water and land, plus other environmental effects, are considered together and conditions set so as to achieve a high level of protection for the environment as a whole). The list of controlled activities includes energy installations, production and processing of metals, the mineral and chemical industries, waste management and other potentially polluting activities. Permit conditions must be based on the use of 'Best Available Techniques' (BAT), which is designed to provide for a flexible, case-by-case approach to regulation which balances cost with environmental benefit. The provisions of the 1999 Act are wide ranging even for environmental legislation and enable wide-ranging regulations to be made for the purpose of meeting the requirements of the Directive and for other measures to prevent and control pollution.