The Trade Effluents (Prescribed Processes and Substances) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify two categories of trade effluent in respect of which the provisions of the Public Health (Drainage of Trade Premises) Act 1937, Part V of the Public Health Act 1961 and sections 43 to 45 of the Control of Pollution Act 1974 (which impose controls over the discharge of trade effluents into public sewers) are to apply.

The first category is effluent which contains concentrations of the substances listed in Schedule 1 to the Regulations which exceed those that would be present regardless of the activities within the premises from which the effluent is discharged.

The second category consists of effluent produced in the course of a process of a type described in Schedule 2 to the Regulations where that effluent contains concentrations of asbestos or chloroform which exceed those that would be present regardless of the process.

The Regulations also provide that sewerage undertakers must notify the Secretary of State if they propose to vary existing trade effluent discharge consents so as to permit the discharge of effluent containing Schedule 1 substances. In such cases the Secretary of State is to determine in accordance with the procedures specified in paragraphs 3 and 4 of Schedule 9 to the 1989 Act whether the consent may be so varied.

Regulations 3 and 5 give effect to paragraph 2 of Article 3 of Council Directive 76/464/EEC (OJ No. L 129, 18.5.76, p.23) (on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community) by enabling the Secretary of State to control the discharge to public sewers of the substances listed in Schedule 1 up to and including carbon tetrachloride (which are List 1 substances for the purposes of that Directive).

Regulation 4 gives effect to Article 3 of Council Directive 87/217/EEC (OJ No. L 85, 28.3.87, p.40) (on the prevention and reduction of environmental pollution by asbestos) by enabling the Secretary of State to control the discharge to public sewers of asbestos derived from processes for the manufacture of asbestos cement and asbestos paper or board.