B4.9.5 Environmental Permitting Continued…
Water Discharge Activities
The term “water discharge activity” covers the discharge or entry to surface waters which are controlled waters (but not to groundwater) of any poisonous, noxious or polluting matter; waste matter; trade effluent or sewage effluent. It also includes activities causing deposits to be carried away in water (except for those that relate to land drainage, flood prevention or navigation), so for example, cutting or uprooting a substantial amount of vegetation in or near inland freshwaters counts as a water discharge activity if the debris falls into the water.
In summary, a water discharge activity is:
- The discharge or entry to certain waters of any poisonous, noxious or polluting matter, waste matter, trade effluent or sewage effluent.
- The discharge from land through a pipe into the sea of any trade effluent or sewage effluent.
- The removal of certain deposits from the bed of inland freshwaters.
A water discharge activity may be carried on as part of the operation of a regulated facility of another class, for example Part A installations which discharge to surface water; or it may be a stand-alone water discharge activity, such as a sewage effluent discharge from a pub or restaurant. Where it is part of the operation of a regulated facility of another class any such discharge must at least comply with the requirements for permitted water discharge activities. It may be operated by an individual (for example, the person causing a polluting discharge or entry, whether accidental or intended), or an organisation or company occupying a site and operating a treatment system.
A water discharge activity does not include a discharge of trade effluent or sewage effluent from a vessel, certain types of discharge unless a notice has been served, or certain discharges made under prescribed statutory provisions. In addition, the following are not water discharge activities:
- Discharges made or authorised by any of the following „
- Part 2 of the Food and Environment Protection Act 1985.
- Section 163 of the Water Resources Act 1991 (discharges for works purposes by the Environment Agency).
- Sections 165 of the Water Industry Act 1991 (discharges for certain works purposes by water undertakers).
- Any local statutory provision that expressly confers a power to discharge effluent to water.
- Discharge of uncontaminated surface water.
- Discharge of trade or sewage effluent from a vessel (for example, a ship).
- Discharge from a highway drain (unless a highway drain notice has been served and has taken effect).
- Discharge into the waters of a lake or pond that are not inland freshwaters, (unless a notice has been served and has taken effect).
Notices:
The regulator can serve a notice specifying that, from a date specified on the notice, some activities not ordinarily regulated as water discharge activities are water discharge activities, and therefore cannot be operated unless authorised by a permit or unless exempt.
Discharge from a highway drain
The regulator can serve a notice specifying that the operation of a highway drain (where that activity might lead to a discharge) is a water discharge activity from the specified date. This means the activity cannot be carried on without being authorised by an environmental permit.
Discharge of trade effluent or sewage effluent
The regulator can serve a notice specifying that a discharge into the waters of a lake or pond that are not inland freshwaters is a water discharge activity. This means that the activity cannot be carried on without being authorised by an environmental permit, unless it is registered as an exempt water discharge activity. Such a notice specifies the date from which it takes effect, which will be not less than three months after being served.
Exemptions
Certain water discharge activities that meet certain conditions can be exempted from the requirement for a permit. Any exempt water discharge activity must be registered with the regulator, and the regulator must be notified if the exempt water discharge activity ceases to be in operation. Some examples are provided below:
Discharge of sewage effluent
A discharge from a small sewage treatment plant (i.e. discharging five cubic metres per day or less of sewage effluent to inland freshwaters, coastal waters or relevant territorial waters) may be registered as an exempt water discharge activity, provided it meets certain conditions.
Vegetation management activities
Cutting or uprooting a substantial amount of vegetation in or near inland freshwaters is within the scope of a water discharge activity. However, if certain conditions are met, a permit is not required. These conditions include that vegetation removed from the waters must be deposited in accordance with guidance issued by the appropriate authority; and that where it is necessary to allow vegetation to pass downstream.
The DEFRA Guidance document “Environmental Permitting Guidance, Water Discharge Activities, For the Environmental Permitting (England and Wales) Regulations 2010, December 2010, Version 2.0” is available here: DEFRA EP Guidance 2010 – Water Discharges