Regulation 6 Discharges of treated urban waste waterI1

Scotland

(1)

Discharges from urban waste water treatment plants described in paragraph (1) or (2) of regulation 5, or from any such plant which provides treatment in accordance with paragraph (5) of that regulation (including any such plants which are provided other than by F1Scottish Water) shall satisfy the relevant requirements of Part I of Schedule 3.

(2)

It shall be the duty of F2SEPA, in exercising its functions under Part II of the Control of Pollution Act 1974^f1 (control of water pollution), to secure–

(a)

with respect to any such discharge as is described in paragraph (1) above, that the requirements referred to in that paragraph are satisfied;

(b)

with respect to any discharge described in paragraph (5) or (7) of regulation 5 (including any such discharge from an urban waste water treatment plant which is provided other than by Scottish Water), that the requirements of the said paragraph (5) or, as the case may be, the said paragraph (7) are satisfied;

(c)

with respect to any discharge from a collecting system described in regulation 4 or an urban waste water treatment plant described in regulation 5, the limitation of pollution of receiving waters due to storm water overflows;

(d)

with respect to any discharge of sludge–

(i)

that the discharge of sludge to surface waters is phased out by 31 December 1998; and

(ii)

that the total amount of toxic, persistent or bioaccumulable materials in the sludge which may be discharged to surface waters pursuant to consents under the said Part II is controlled by such consents and progressively reduced during the period ending on that date.

(3)

SEPA shall at regular intervals review and, if necessary for the purposes of complying with this regulation, modify or revoke consents given under the said Part II.

(4)

Nothing in section 38 of the Control of Pollution Act 1974 shall restrict the power of SEPA to modify or revoke a consent in pursuance of the duty imposed by this regulation.

(5)

All lochs and ponds shall be treated as controlled waters for the purposes of section 32 of the Control of Pollution Act 1974^f2 (water pollution offences) insofar as that section relates to the discharge of waste water from urban waste water treatment plants.

F3(6)

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Annotations

Textual amendments

F1: Words in reg. 6 substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 7(4)
F2: Word in reg. 6(2)(3)(4) substituted (1.4.1996) by The Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 (S.I. 1996/973), reg. 1, Sch. para. 19(3)
F3: Reg. 6(6) ceases to have effect (1.4.1996) by The Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 1996 (S.I. 1996/973), reg. 1, Sch. para. 19(6)

Commencement

I1: Reg. 6 in force at 30.11.1994, see reg. 1

Footnotes

f1: 1974 c. 40.
f2: 1974 c. 40; section 32 was substituted by the Water Act 1989 (c. 15), Schedule 23, paragraph 4 and amended by the Environmental Protection Act 1990 (c. 43), Schedule 15, paragraph 16(3).