Water Industry Act 1991

130Reference to the Secretary of State of agreements relating to special category effluent

(1)Where a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into an agreement under section 129 above with respect to, or to any matter connected with, the reception or disposal of any special category effluent, it shall be the duty of the undertaker to refer to the Secretary of State the questions—

(a)whether the operations which would, for the purposes of or in connection with the reception or disposal of that effluent, be carried out in pursuance of the proposed agreement should be prohibited; and

(b)whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

(2)It shall be the duty of a sewerage undertaker where it has made a reference under this section not to give any consent or enter into any agreement with respect to any such operations as are mentioned in subsection (1)(a) above at any time before the Secretary of State serves notice on the undertaker of his determination on the reference.

(3)Every reference under this section shall be made in writing and shall be accompanied by a copy of the proposed agreement.

(4)It shall be the duty of a sewerage undertaker, on making a reference under this section, to serve a copy of the reference on the owner or the occupier of the trade premises in question, according to whether it is the owner or occupier who is proposing to be a party to the agreement.

(5)Subject to subsection (6) below, the duties of a sewerage undertaker under this section shall be enforceable under section 18 above by the Secretary of State.

(6)Where an application is made to the Secretary of State under section 18 above in respect of a failure by a sewerage undertaker to make a reference under this section, the Secretary of State may, instead of making an order under that section, proceed with the matter as if the application were the reference.