Water Industry Act 1991

[F1 96F Nutrient pollution standards E+W

(1) A nitrogen significant plant meets the nitrogen nutrient pollution standard if—

(a) where the associated catchment area is not a catchment permitting area (see section 96G), the concentration of total nitrogen in treated effluent that the plant discharges is not more than—

(i) 10 mg/l, or

(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;

(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

(2) A phosphorus significant plant meets the phosphorus nutrient pollution standard if—

(a) where the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than—

(i) 0.25 mg/l, or

(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;

(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

(3) “Treated effluent”, in relation to a plant, means any effluent discharged by the plant, other than anything discharged—

(a) from a storm overflow, or

(b) by an emergency discharge.

(4) For the purposes of subsection (3), in relation to a plant—

(a) “storm overflow” means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where—

• “relevant parts of the sewerage system” means—

  (a)

  storage tanks at the plant, and

  (b)

  other parts of the sewerage system downstream of the plant;

• “the sewerage system” means the undertaker’s sewerage system of which the plant forms part;

(b) “emergency discharge” means a discharge in circumstances where the plant’s normal treatment process has failed because of—

(i) electrical power failure, or

(ii) mechanical breakdown of duty and standby pumps.

(5) Regulations made by the Secretary of State may specify how the concentration of total nitrogen or concentration of total phosphorus in treated effluent is to be determined.

(6) Regulations under subsection (5) may, in particular—

(a) make provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus;

(b) make provision for regarding a nutrient pollution standard as being met by a plant if, for example—

(i) it is met, with at least the frequency specified in the regulations, in samples taken in accordance with the regulations, or

(ii) the average concentration, calculated in accordance with the regulations, of total nitrogen or of total phosphorus in samples taken in accordance with the regulations would meet the standard;

(c) make provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant;

(d) make provision in relation to section 96G, including—

(i) the determination of compliance with conditions in environmental permits imposed in pursuance of section 96G(3)(b);

(ii) in connection with any kind of plant;

(e) confer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person;

(f) make different provision for different purposes or different areas (including different plants within an area).]

Textual Amendments

F1 Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)