The Urban Waste Water Treatment (Scotland) Regulations 1994

Discharges of certain industrial waste water into receiving waters

8.—(1) This regulation applies to discharges of biodegradable industrial waste water from plants representing 4,000 population equivalent or more belonging to the industrial sectors listed in Schedule 5 which do not enter urban waste water treatment plants before discharge to receiving waters.

(2) It shall be the duty of every river purification authority to impose, in every consent granted by it under Part II of the Control of Pollution Act 1974 (control of water pollution) with respect to any discharge on or after 31 December 2000 to which this regulation applies (whether on the grant of consent or by notice under section 37(1) of that Act(1)) conditions which are appropriate to the nature of the industry concerned for the discharge of such waste water, and nothing in section 38 of that Act(2) shall restrict the power of a river purification authority to modify a consent in pursuance of the duty imposed by this paragraph.

(3) It shall be the duty of every river purification authority, in exercising its functions under Part I of the Environmental Protection Act 1990(3) (integrated pollution control), including regulations made under section 5(2)(b) of that Act(4), with respect to any process giving rise to a discharge to which this regulation applies, to secure that any authorisation granted in respect of that process includes conditions in respect of the discharge of such waste water on or after 31 December 2000 which are appropriate to the nature of the industry concerned.

(4) All lochs and ponds shall be treated as controlled waters for the purposes of the enactment mentioned in paragraph (2) above insofar as it relates to discharges to which this regulation applies.

(5) Regulation 5(2) of the Environmental Protection (Determination of Enforcing Authority Etc) (Scotland) Regulations 1992(5) shall not apply where the river purification authority as consulted authority (within the meaning of those Regulations) is acting in discharge of its duty under paragraph (3) above.

(1)

Section 37(1) was substituted by the Water Act 1989 (c. 15) Schedule 23, paragraph 4.

(2)

Section 38 was substituted by the Water Act 1989, Schedule 23, paragraph 4.

(3)

1990 c. 43.

(4)

See S.I. 1992/530, regulation 5.

(5)

1992/530.