Sewerage (Scotland) Act 1968

Control of new discharges S

25 Meaning of new discharge. S

In this Part of this Act, “new discharge” means a discharge from trade premises into the sewers or sewage treatment works of [F1 Scottish Water] of trade effluent where the discharge—

(a) has not previously been lawfully made into such sewers or works; or

(b) not being an existing discharge by virtue of the proviso to section 33(1) below and whether commenced before or after the commencement of this section, has become substantially altered in nature or composition or whose temperature, volume or rate of discharge has been substantially increased since the commencement of this section; or

(c) has been discontinued for a period of two years or more, the whole or part of which period occurs after the commencement of this section, and is thereafter resumed.

Textual Amendments

F1 Words in s. 25 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C1 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

26 New discharge only with consent of the authority. S

Subject to section 37 below, an occupier or prospective occupier of trade premises who proposes to make a new discharge of trade effluent from those premises into the sewers or sewage treatment works of [F2 Scottish Water] shall obtain the consent of [F3 Scottish Water] to the discharge, which shall be applied for in accordance with section 27 below.

Textual Amendments

F2 Words in s. 26 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F3 Words in s. 26 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C2 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

27 Procedure on application for consent to new discharge. S

(1) An application for the consent of [F4 Scottish Water] under section 26 above shall be made by serving a notice on [F5 Scottish Water](hereafter in this Part of this Act referred to as a “trade effluent notice”).

(2) A trade effluent notice shall state so far as is reasonably practicable—

(a) the nature, composition and temperature of the effluent;

(b) the maximum quantity of the effluent which it is proposed to discharge on any one day;

(c) the maximum hourly rate at which it is proposed to discharge the effluent.

(3) Where the person applying for the consent of [F5 Scottish Water] is not the owner of the premises, he shall, at the same time as serving a trade effluent notice on [F5 Scottish Water] under subsection (1) above, send a copy of the notice to the owner of the premises and inform him that he may make representations in respect of the application to [F5 Scottish Water] within 28 days of receipt of the copy.

(4) [F5 Scottish Water] on receiving a trade effluent notice shall forthwith send a copy of the notice to—

(a) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any other body acting under statutory powers which, in the opinion of [F5 Scottish Water], has an interest in the application.

and at the same time shall inform F7 ... any body to which a copy of the notice is sent in pursuance of this subsection that they may make representations in respect of the application to the authority within 28 days of receipt of the copy.

(5) [F5 Scottish Water] before making a decision on an application shall take into account any representations made in pursuance of subsections (3) and (4) above.

(6) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in s. 27(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F5 Words in s. 27(1)(3)(4)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F6 S. 27(4)(a) and following word repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 26(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F7 Words in s. 27(4) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 26(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F8 S. 27(6) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 26(b) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C3 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

28 Time to dispose of application. S

(1) An application for the consent of [F9 Scottish Water] under section 26 above shall, subject to the following subsection, be decided by [F10 it] and intimated in accordance with section 30 below within a period of 3 months of the receipt by [F10 it] of a trade effluent notice.

(2) Any such application which has been the subject of a reference to the Secretary of State under section 27(6) above shall be decided and so intimated by [F11 Scottish Water] within a period of 28 days of the receipt by [F10 it] of the Secretary of State’s decision under the said section 27(6).

Textual Amendments

F9 Words in s. 28(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F10 Words in s. 28 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 27 (with s. 67); S.S.I. 2002/118, art. 2

F11 Words in s. 28(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C4 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

29 Decision on application. S

(1) [F12 Scottish Water] in [F13 its] decision on an application under section 26 above may refuse [F13 its] consent or [F14 it] may grant [F13 its] consent either unconditionally or subject to such conditions as [F14 it] may think fit to impose.

(2) Where [F15 Scottish Water has] failed to intimate [F16 its] decision on an application within the 3 month period referred to in subsection (1), or, as the case may be, the 28 day period referred to in subsection (2), of section 28 above, [F17 it] shall be deemed to have made a decision on the last day of that period refusing [F16 its] consent to the application.

(3) Without prejudice to subsection (1) above, [F18 Scottish Water] in granting [F19 its] consent may impose conditions relating to—

(a) the sewers into which any trade effluent may be discharged;

(b) the nature or composition of any trade effluent which may be discharged;

(c) the maximum quantity of any trade effluent which may be discharged on any one day, either generally or into a particular sewer;

(d) the maximum hourly rate at which any trade effluent may be discharged, either generally or into a particular sewer;

(e) the period or periods of the day during which any trade effluent may be discharged into the sewers;

(f) the elimination from or the diminution in any trade effluent of cooling water;

(g) the prevention of any injury to the health of persons engaged in carrying out the functions of [F18 Scottish Water] under this Act as a result of the discharge of any trade effluent into the sewers;

(h) the elimination or diminution of any specified constituent of any trade effleunt, before it enters the sewers, where [F18 Scottish Water][F20 is] satisfied that that constituent would, either alone or in combination with any matter with which it is likely to come into contact while passing through any sewers—

(i) injure or obstruct those sewers, or make specially difficult or expensive the treatment or disposal of the sewage from those sewers, or

(ii) (where the trade effluent is to be discharged into sewers having an outfall in any harbour or in any waters below high water mark of ordinary spring tides or into sewers which connect directly or indirectly with sewers having such an outfall) cause or tend to cause injury or obstruction to the navigation on, or the use of, the said harbour or waters;

(i) the temperature of any trade effluent at the time when it is discharged into the sewers and its acidity or alkalinity at that time;

(j) the payment by the occupier of the trade premises to [F18 Scottish Water] of charges for the reception of any trade effluent into the sewers, and for the treatment and disposal thereof, regard being had to the nature and composition and to the volume and rate of discharge of the trade effluent so discharged, to any additional expense incurred or likely to be incurred by [F18 Scottish Water] in connection with the reception, treatment or disposal of the trade effluent or in connection with the provision already made by [F21 it] for the treatment and disposal of trade effleunt in [F22 its] area, and to any revenue likely to be derived by [F18 Scottish Water] from the trade effluent;

(k) the provision and maintenance of such inspection chambers or manholes as will enable a person readily to take at any time samples of any effluent passing into the sewers from the trade premises;

(l) the provision and maintenance of such meters as may be required to measure the volume and rate of discharge of any trade effluent being discharged from the trade premises into the sewers and for the testing of such meters;

(m) the provision and maintenance of apparatus for determining the nature, composition and temperature of any trade effluent being discharged from the premises into the sewers and for the testing of the apparatus;

(n) the keeping of records of the volume, rate of discharge, nature, composition and temperature of any trade effluent being so discharged, and in particular the keeping of records of readings of meters and other recording apparatus provided in compliance with any other condition imposed in connection with the consent;

(o) the making of returns and giving of other information to [F18 Scottish Water] concerning the volume, rate of discharge, nature, composition and temperature of any trade effluent so discharged.

[F23 (p) the elimination from or diminution in any trade effluent of any priority substance or pollutant.]

(4) A consent granted under this section, and (where such consent is granted subject to any conditions) all or any of the conditions, may be made to take effect as from a specified date or for a specified period, being not less than two years, or both as from a specified date and for such a specified period.

(5) Any decision of [F24 Scottish Water] under this section shall continue to be effective notwithstanding that there has been a change of ownership or occupancy of the premises to which the decision relates.

(6) Where an application under section 26 above is for the consent of [F18 Scottish Water] to an increase of volume or rate of discharge of a discharge which is already being made lawfully. no decision of [F18 Scottish Water] under this section shall have the effect of restricting the discharge already being made.

(7) In this section, any reference to a sewer or sewers includes a reference to sewage treatment works, and “harbour” has the same meaning as in section 57 of the M1 Harbours Act 1964.

Textual Amendments

F12 Words in s. 29 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F13 Words in s. 29(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F14 Words in s. 29(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F15 Words in s. 29(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F16 Words in s. 29(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F17 Words in s. 29(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F18 Words in s. 29(3)(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F19 Word in s. 29(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F20 Word in s. 29(3)(h) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F21 Word in s. 29(3)(j) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F22 Word in s. 29(3)(j) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F23 S. 29(3)(p) inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 34(1), 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)

F24 Words in s. 29(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 28(d) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C5 Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Marginal Citations

M1 1964 c. 40.

[F25 29A Priority substances etc. S

(1) In section 29(3)(p)—

• “pollutant” has the meaning given by regulation 2(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209),

• “priority substance” means substance listed in Annex X of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (as amended from time to time).

(2) The Scottish Ministers may by regulations modify the definitions in subsection (1).

(3) Regulations may be made under subsection (2) only if the Scottish Ministers consider them to be necessary or expedient in consequence of any revocation or amendment of (as the case may be)—

(a) the Regulations or Directive mentioned in subsection (1), or

(b) any subsequent regulations made under section 20 of the Water Environment and Water Services (Scotland) Act 2003 or directive concerning the same subject-matter as that Directive.

(4) Regulations under subsection (2) are subject to the negative procedure.]

Textual Amendments

F25 S. 29A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 34(2), 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)

30 Intimation of decision. S

(1) [F26 Scottish Water] shall intimate [F27 its] decision under section 29 above, and the reasons therefor, to the owner and occupier or prospective occupier of the trade premises in question and to any F28 ... other body to which a copy of the trade effluent notice was sent under section 27(4) above.

(2) An intimation of a decision under this section shall—

(a) draw attention to the provisions of section 29(5) above;

(b) refer to the applicant’s right of appeal against, and the power of review of, the decision under this Part of this Act.

Textual Amendments

F26 Words in s. 30(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F27 Word in s. 30(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 29(a) (with s. 67); S.S.I. 2002/118, art. 2

F28 Words in s. 30(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 29(b) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C6 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

31 Appeal against refusals and conditions. S

Where the applicant for consent under section 26 above is aggrieved by the decision of [F29 Scottish Water] under section 29 above, he may appeal to the Secretary of State, who may dispose of the appeal in any way competent to [F30 Scottish Water] in their decision on the application.

Textual Amendments

F29 Words in s. 31 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F30 Words in s. 31 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C7 Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

32 Review of consents, conditions and refusals. S

(1) [F31 Scottish Water] may, and when requested so to do by the occupier of the premises in question shall, by direction review a decision made by [F32 it] under section 29 above.

(2) Before making a direction under this section, [F33 Scottish Water] shall intimate to the owner and occupier of the premises in question that [F34 it proposes] to make such a direction, and [F35 its] reasons therefor, and inform the owner and occupier that they may, within 28 days of receipt of the intimation, make representations to [F36 it] in respect of the proposals.

(3) Before making such a direction [F37 Scottish Water] shall take into account any representations made in pursuance of subsection (2) above.

(4) Section 29 above except subsection (2), and section 30 above except subsection (1) so far as relating to intimation to any F38 ... other body, shall, with any necessary modifications, apply to such a direction as they apply to a decision under the said section 29.

(5) No review under this section may take place earlier than two years after the making of a decision under the said section 29, and thereafter reviews may take place at intervals of not less than two years, unless in either case [F37 Scottish Water] and the applicant otherwise agree in writing.

(6) A direction under this section shall take effect from a date specified therein, but not earlier than 3 months after the date of the direction.

(7) Where a direction is made under this section relating to the discharge of trade effluent from any premises, the occupier of the premises may appeal against the direction to the Secretary of State, who may dispose of the appeal in any way competent to [F37 Scottish Water] in making the direction.

Textual Amendments

F31 Words in s. 32(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F32 Word in s. 32(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 30(a) (with s. 67); S.S.I. 2002/118, art. 2

F33 Words in s. 32(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F34 Words in s. 32(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 30(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F35 Word in s. 32(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 30(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F36 Words in s. 32(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 30(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F37 Words in s. 32(3)(5)(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F38 Words in s. 32(4) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 30(c) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C8 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).