Septic tanks play an essential role in the wastewater management systems of rural and semi-rural properties in England and Wales.
As many areas remain without access to the mains sewer system, proper management and maintenance of septic tanks become critical for environmental and public health.
This article provides an overview of the key rules and regulations governing septic tanks, as well as practical information for property owners.
How many properties rely on private sewerage systems?
According to statutory guidance published in 2018 by the Welsh Government, an estimated 4 per cent of properties (7 per cent for Wales alone) depend on independent privately owned and operated systems such as septic tanks, cesspools and package treatment plants.
Rights of rural communities under Section 101A
Rural communities, in particular those not connected to the public sewerage system, have the right to apply for a public sewer to be provided which sewerage undertakers have a duty to provide at their own expense under section 101A of the Water Industry Act 1991.
This applies to situations where ‘the drainage of premises is adversely affecting or is likely to adversely affect, the environment or amenity.’
One can easily imagine the tension between the landowner faced with repair and maintenance bills for their private sewerage system and the sewerage undertaker’s costs of installing a public sewer as to what is the most cost-effective solution.
When does a public sewer become a legal obligation?
According to Government guidance, if your current sewerage system is causing or is likely to cause an adverse effect on the environment or amenity, this issue must be addressed.
If the problem cannot be solved by repair or maintenance, and more than one property needs to replace or upgrade their sewerage system, then a new system serving multiple properties may be required.
In such cases, providing a public sewer would seem the most appropriate solution. If this is the case, a legal duty on the sewerage undertaker may arise under Section 101A.
Any dispute between a sewerage undertaker and the owner or occupier of premises regarding the provision of a foul sewer under S101A will be determined by the Planning Inspectorate (Wales) or the Environment Agency (England).
Rules for septic tank discharges
Assuming a connection to a public sewer is out of the question then the rules that apply are dependent on when the discharge started.
The rules differ for discharges (to ground or surface water) and are different in England and Wales.
In England, the rules differ dependent on when the discharges started.
Discharges that started before 1 January 2015 are covered by the general binding rules.
After this date, but prior to 2 October 2023, ‘new’ discharges that started on or after 2 October 2023 are covered by additional general binding rules.
These additional rules that apply to discharges starting since 1 January 2015 (called the ‘general binding rules’) are more onerous so it is worth checking to establish if there is any possibility of connecting to a nearby public foul sewer or even to consider a S101A application.
In Wales, in most cases a septic tank or small treatment plant (STP) are exempt from the need to require a permit but there is an obligation to register the septic tank or STP.
As in England, there are rules applicable dependent on when the sewerage system first came into operation and whether the discharge is to surface waters or to ground. New discharges after 6 April 2010 are subject to more onerous rules.
In cases where the rules cannot be met, a connection to a public foul sewer is out of the question then a permit will be required (either from the Environment Agency (England) or Natural Resources Wales).
For more information on septic tank regulations and legal obligations, please contact John Dynes today.