For all the naturally occurring waters in England and Wales, including the following:
- rivers and streams;
- canals;
- relevant lakes and ponds, and certain reservoirs;
- estuaries and coastal waters (to the three-mile territorial limit); and
- ground waters;
control is exercised by the Environment Agency under the Water Resources Act 1991 (see Water Resources Act 1991 on page 19 of EEF Register of Environmental Legislation).
The agency issues consents for trade effluent discharges direct to controlled waters. Any connections to surface water at your site could require a consent from the agency. In practice, discharges of uncontaminated rainwater, e.g. runoff from a roof or a yard where no potentially polluting activities occur, is the only water which will not need a consent. If a consent is required, it is up to you to apply for one.
The agency also controls the sewerage undertakers’ (water companies’) sewer discharges, which in turn can affect discharge conditions of trade effluent to sewer placed on your company.
Under the Water Resources Act 1991 it is an offence to cause or knowingly permit any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled water or to breach the conditions of a consent.
Penalties are a fine not exceeding £20,000 and/or three months’ imprisonment if convicted in a magistrates’ court, or an unlimited fine and/or two years’ imprisonment if convicted in the crown court.