Water Industry Act 1991

138 Meaning of “special category effluent”.E+W

(1)Subject to [F1subsections (1A) and] (2) below, trade effluent shall be special category effluent for the purposes of this Chapter if—

(a)such substances as may be prescribed under this Act are present in the effluent or are present in the effluent in prescribed concentrations; or

(b)the effluent derives from any such process as may be so prescribed or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.

[F2(1A)If trade effluent is produced, or to be produced, by operating [F3any Part A installation or Part A mobile plant or otherwise carrying on any Part A activity] , the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.

(1B)In subsection (1A)—

(a)“determination date”, in relation to an installation, plant or activity, means—

(i)in the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;

(ii)in the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,

and in this paragraph the references to an appeal are references to an appeal under [F4the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)];

[F5(aa)the expressions “Part A activity”, “Part A installation” and “Part A mobile plant” have the same meaning as in [F6those Regulations];]

(b)“permit” means a permit [F7granted under [F8those Regulations]].]

(2)Trade effluent shall not be special category effluent for the purposes of this Chapter if it is produced, or to be produced, in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.

(3)In subsection (2) above “determination date”, in relation to a prescribed process, means—

(a)in the case of a process for which authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b)in the case of a process for which authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal.

(4)[F9In subsection (2) and (3) above]—

(a)“authorisation”, “enforcing authority” and “prescribed process” have the meanings given by section 1 of the M1Environmental Protection Act 1990; and

(b)the references to designation for central control and to an appeal are references, respectively, to designation under section 4 of that Act and to an appeal under section 15 of that Act.

(5)Without prejudice to the power in subsection (3) of section 139 below, nothing in this Chapter shall enable regulations under this section to prescribe as special category effluent any liquid or matter which is not trade effluent but falls to be treated as such for the purposes of this Chapter by virtue of an order under that section.