Explanatory note

These Regulations amend the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 (the “1989 Regulations”). The main changes are as follows.

Regulation 5 of the 1989 Regulations is extended so that sewerage undertakers are required to notify the Secretary of State in certain cases involving the discharge of effluent deriving from a process of a type described in Schedule 2 to those Regulations and also in certain cases involving proposals to vary trade effluent agreements reached by their predecessors under section 7 of the Public Health (Drainage of Trade Premises) Act 1937 (c. 40) (regulation 2(2) to (4)).

The list of prescribed substances in Schedule 1 to the 1989 Regulations is extended so that it covers compounds of pentachlorophenol as well as pentachlorophenol itself (regulation 2(5)).

Processes in which cooling waters or effluents are chlorinated are removed from the list of processes in Schedule 2 to the 1989 Regulations. Chlorinated effluents which require control are made directly to controlled waters and are therefore subject to control under Part III of the Water Act 1989.

Processes involving the use of more than 100 kilograms of raw asbestos in any twelve month period are added to that list (regulation 2(6)).