The Trade Effluent (Asbestos) (Scotland) Regulations 1993

Discharges of asbestos effluent to public sewers

3.—(1) Section 36(4) of the 1968 Act shall be disapplied in any case where a local authority has made a direction under subsection (1) of that section imposing such conditions on continuation of an existing discharge as are necessary to comply with regulation 2.

(2) Notwithstanding the terms of section 37(6) of the 1968 Act–

(a) nothing in any agreement entered into between a local authority and the owner or occupier of premises used or intended to be used for carrying on any trade or industry shall obviate the requirement for the consent of the local authority to any discharge of trade effluent from those premises unless the terms of the agreement are such as will secure that the requirements of regulation 2 are met in respect of any discharge to which the agreement relates;

(b) and for the purposes of complying with regulation 2, a local authority may review by direction the making of the discharge to which any such agreement relates and accordingly sections 26 to 32 and 36 of that Act shall apply to such a discharge,

and any such agreement shall not be enforceable if and to the extent that it permits any discharge of industrial waste water in respect of which the requirements of regulation 2 are not met.

(3) Nothing in Part II of the 1968 Act shall restrict the power of a local authority to review at any time consents in pursuance of the duty imposed by regulation 2(1).

(4) In this and the preceding regulation, references to consents and conditions imposed by consents include references to directions under section 32, 36 and 37(7) of the 1968 Act and conditions contained in such directions.