Public Health Act 1936
Section 259 makes certain water pollution matters statutory nuisances. This applies to any pond, pool, ditch, gutter or watercourse that is so foul or in such a state to be prejudicial to health or a nuisance. It also applies to watercourses that are so choked up or silted to obstruct or impede the proper flow of water thus causing a nuisance or giving rise to conditions prejudicial to health. Statutory nuisances are actionable under the Environmental Protection Act 1990 - Part III. Refer to the Section in this Register on Statutory Nuisance for further information.
Salmon and Freshwater Fisheries Act 1975
Under this Act it is an offence to discharge effluent into water containing fish which damages fish, their food, their spawn, or spawning ground. It is enforced by the Agency. Controlled Waters (Lakes and Ponds) Order 1989 (SI 1989/1149) Designates certain reservoirs as ‘relevant lakes and ponds’ and therefore a ‘controlled’ water as defined under section 104 of WRA91.
Surface Waters (Dangerous Substances) (Classification) Regulations 1989 (SI 1989/2286) SI 1992/337, SI 1997/2560 and SI 1998/389
These Regulations all specify concentration limits for certain dangerous substances which are not to be exceeded in controlled waters. The Regulations incorporate a series of quality criteria implementing the daughter Directives to the EU Framework Directive 76/464 on dangerous substances in water (i.e. List I, the EU ‘Black List’ - refer to Appendix 10 and List II, the EU ‘Grey List’). In the longer term, these Regulations will be amended to reflect the new priority list of dangerous substances under Directive 2000/60/EC and Decision 2455/2001/EC).
Surface Waters (River Ecosystems) (Classification) Regulations 1994 (SI 1994/1057) as amended by the Environment Act 1995 s 120(1) and Schedule 22
Introduce a system of classifying inland rivers and other watercourses. Standards covering eight quality parameters are used to determine five classes of river ecosystem quality. This is to be used as the basis of establishing Statutory Water Quality Objectives for individual stretches of river.
Urban Waste Water Treatment (England and Wales) Regulations 1994 (SI 1994/2841) as amended by the Environment Act 1995 s 120(1) and schedule 22
Set requirements for the treatment of urban waste waters including the standards to be met when discharging from urban waste water treatment plant and as such, mostly applies to these plants.
The standard and the date it is to be met are determined according to the size of population and/or level of economic activity from which the waste water emanates and the nature of the waters into which the treated waste water is discharged. More treatment is required where the discharge is to a ‘sensitive area’
(i.e. certain waters subject to or at risk from eutrophication).
The regulations provide for the pre-treatment of industrial waste water entering collecting systems (sewers) and urban waste water treatment plants to ensure that discharges do not adversely affect the environment and that sludge can be disposed of in an environmentally acceptable manner. Pre-treatment may also be required to ensure that the health of workers at such facilities is protected and that the industrial waste water does not cause damage to plant and associated equipment. Discharges of biodegradable industrial waste (from specified food processing plant - Schedule 5) must meet certain requirements from December 2000.
These regulations were introduced under the European Communities Act 1972 and implement EU Directive 91/271/EEC on Urban Waste Water Treatment.
Surface Waters (Fishlife) (Classification) Regulations 1997 (SI 1997/1331)
Set out a system for classifying the quality of inland freshwaters which need protection or improvement in order to support fish life (‘salmonid’ and ‘cyprinid’ waters). The system is based on a number of quality parameters that must be met (e.g. dissolved oxygen, pH, temperature, hydrocarbons). They also set out the monitoring duties of the Environment Agency. These regulations in part transpose the requirements of EU Directive 78/659/EEC on the quality of freshwaters needing protection or improvement in order to support fishlife.
Surface Water (Shellfish)(Classification) Regulations 1997 (SI 1997/1332)
Set out a system for classifying the quality of controlled waters that are coastal or brackish waters that need protection or improvement in order to support shellfish life and growth (‘SFW’ classification). The system is based on a number of quality parameters that must be met (e.g. dissolved oxygen, pH, temperature, hydrocarbons, metals, halogenated substances). They also set out the monitoring duties of the Environment Agency. These regulations in part transpose the requirements of EU Directive 79/923/EEC on the quality of shellfish waters.