Section 118 Consent required for discharge of trade effluent into public sewer.C1C2C3C4C5C6C7C8
Subject to the following provisions of this Chapter, the occupier of any trade premises F1in England in the area of a sewerage undertaker may discharge any trade effluent proceeding from those premises into the undertaker’s public sewers if he does so with the undertaker’s consent.
Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.
Nothing in this Chapter shall authorise the discharge of any effluent into a public sewer otherwise than by means of a drain or sewer.
The following, that is to say—
the restrictions imposed by paragraphs (a) and (b) of section 106(2) above; and
section 111 above so far as it relates to anything falling within paragraph (a) or (b) of subsection (1) of that section,
shall not apply to any discharge of trade effluent which is lawfully made by virtue of this Chapter.
Accordingly, subsections (3) to (8) of section 106 above and sections 108 and 109 above shall have effect in relation to communication with a sewer for the purpose of making any discharge which is lawfully made by virtue of this Chapter as they have effect in relation to communication with a sewer for the purpose of making discharges which are authorised by subsection (1) of section 106 above.
If, in the case of any trade premises, any trade effluent is discharged without such consent or other authorisation as is necessary for the purposes of this Chapter, the occupier of the premises shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
Annotations
Textual amendments
- F1
Words in s. 118(1) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(a), 88(3)(b); S.I. 2023/1096, art. 3
- F2
S. 118(1A) inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(2)(b), 88(3)(b); S.I. 2023/1096, art. 3
Modifications
- C1
S. 118 excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 6(1)
- C2
S. 118 excluded (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 6(1) (with art. 45, Sch. 14)
- C3
S. 118 excluded (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), arts. 1, 6(1) (with art. 48, Sch. 15)
- C4
S. 118 excluded (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), arts. 1, 6 (with art. 47, Sch. 15)
- C5
S. 118 excluded (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), arts. 1, 6(1) (with art. 49, Sch. 14)
- C6
S. 118 excluded (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 6(1)(e) (with Sch. 14)
- C7
S. 118 excluded (30.4.2026) by The Springwell Solar Farm Order 2026 (S.I. 2026/419), arts. 1, 6(1) (with art. 48)
- C8
S. 118 excluded (30.7.2026) by The One Earth Solar Farm Order 2026 (S.I. 2026/934), arts. 1, 6(1) (with art. 47)
Notes on Part IV
Modifications
- C1
Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
- C2
Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).
Notes on Chapter III
Modifications
- C1
Pt. 4 Ch. 3 (ss. 118-141) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).
Pt. 4 Ch. 3 (ss. 118-141) modified (1.2.1996) by 1995 c. 25, s. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Pt. 4 Ch. 3 (ss. 118-141): transfer of functions (1.4.1996) by 1995 c. 25, s. 2(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
- C2
Pt. 4 Ch. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)
- C3
Pt. 4 Ch. 3 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)