Trade Effluent

The following information is provided solely as a guide to Trade Effluent matters and is not a fully comprehensive account of all requirements.

What is Trade Effluent?

Trade Effluent is defined as "any liquid, either with or without particles of matter in suspension in the liquid, which is wholly or partly produced in the course of any trade or industry carried on at a trade premises." Water Industry Act 1991. In summary this covers the majority of wastewaters produced by trade processes.

Trade Effluent legislation

The primary piece of legislation relating to Trade Effluent is the Water Industry Act (WIA), which came in to force in 1991. Section 118 (5) of this act makes it an offence to discharge any trade effluent to sewer without the consent of the Sewerage Undertaker, in this case NWL.

Applications for consent to discharge Trade Effluent

Applications for consent are made to the Sewerage Undertaker under section 119 of the WIA and an application form is available below:

Trade Effluent application for consent

Upon receipt of an application NWL will consider the information provided and either refuse to grant consent or issue a consent document containing a number of conditions. When considering an application NWL will pay particular attention to ensure any discharge would not impact prejudicially upon:

  • the sewer system
  • the sewage treatment process
  • the health and safety of any operatives working in or around the sewerage network
  • the environment to which discharge is made.

Appeals can be made to the Director General of Water Services regarding any refusal by NWL to grant consent or regarding any consent condition NWL seeks to impose.

Special Category Effluent

The Trade Effluents (Prescribed Process and Substances) Regulations 1989, amended 1990, specify a number of processes and substances as ‘Special Category’. A list of these processes and substances can be found in the application form. If an application is made for consent to discharge special category effluent then NWL must refer the matter to the Environment Agency who will either refuse the discharge or will serve a Notice of Determination on NWL requiring that certain conditions are not exceeded when imposed within the consent to the Discharge of Trade Effluent.

The consent document

Any consent issued will contain, as a minimum, conditions referring to the following:

  • The maximum daily volume of effluent permitted to be discharged.
  • The maximum consented rate of discharge.
  • The prohibition of certain constituents from any discharge.
  • Quality parameters for example, but not exclusively, Total Chemical Oxygen Demand, Suspended Solids and Oil and Grease.

Further quality conditions are applied based upon the nature and composition of the effluent as stated in the application.

Monitoring of Trade Effluent

Any consent issued may contain conditions stating any requirements of a trader to monitor their discharge. Further to this NWL may also monitor any discharge of trade effluent to assess consent compliance and for charging purposes. A sample point is identified in the consent document from which NWL may sample the discharge at any time.

Information regarding Northumbrian Water's charging mechanism can be found within the large user tariffs section of this website.

NWL’s Enforcement Role

As previously mentioned it is illegal, under Section 118(5) of WIA 1991 to discharge trade effluent without the consent of the sewerage undertaker. It is also illegal, under Section 111 of the same act to discharge any matter likely to injure the sewer, interfere with the free flow of its contents or affect prejudicially the treatment and disposal of its contents. Furthermore it is an offence under Section 121 of the Act to contravene any conditions imposed in any Consent granted.

All three of these offences carry a maximum fine of £5,000 per offence on summary of conviction at Magistrates Court or an unlimited fine if referred to Crown Court. Alternatively in lesser cases NWL may opt to offer a Formal Caution. NWL may also seek to recover any costs incurred in dealing with such matters, under the polluter pays principle.

Public availability

NWL is currently progressing towards the provision of copies of all Consents and Notices of Determination available directly from this web site.

 
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