4.—(1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.
(2) For the purpose of paragraph 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are that an operator of the septic tank or sewage treatment plant ensures that—
(a)all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the [F1document entitled “General binding rules for small sewage discharges (SSDs) with effect from 2nd October 2023” published by the Agency on 23rd March 2023] in relation to—
(i)design and manufacturing standards,
(ii)construction, installation and operation specifications,
(iii)siting and installation of infiltration systems, and
(iv)the capacity of the works and equipment;
(b)in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;
(c)the discharge does not contain trade effluent;
[F2(d)the discharge does not result in an input of pollutants to groundwater within a groundwater Source Protection Zone 1;]
(e)all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;
(f)all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;
(g)before the land or part of the land on which the septic tank or sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—
(i)stating that an exempt groundwater activity is being carried on on the land, and
(ii)containing a description of the exempt facility.
(3) For the purposes of this paragraph, an operator is a person who has control over the operation of the septic tank or sewage treatment plant by reason of—
(a)being an owner of the land on which the septic tank or sewage treatment plant is situated or being used, or
(b)having entered into a written agreement with the owner of the land on which the septic tank or sewage treatment plant is situated or being used to be responsible for the maintenance of the septic tank or sewage treatment plant.
Textual Amendments
F1Words in Sch. 3 Pt. 3 para. 4(2)(a) substituted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(ii)(aa)