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There have been many changes in recent years, beginning with new rules rolled out in 2015, which required some property owners to upgrade their drainage systems over the next two years – under General Binding Rules (GBR’s), covering domestic sewage treatment plants and septic tanks.
With the aim to eliminate or reduce the amount of pollutants getting into the UK’s watercourses, the changes are pretty much to stop septic tanks and untreated sewage and waste water from directly entering land, streams, rivers, coastal waters, etc.
To keep things simple, we’ll start from 2015 and go through the changes up to 2023 (the last substantial changes)
The 2020 and 2023 law changes for septic tanks and small sewage discharges build upon and further refine the regulations initially established in 2015.
Here’s a summary of how these rule changes are interconnected:
2015 Regulations
General Binding Rules:
- These rules were introduced to simplify compliance for small sewage discharges from septic tanks and treatment plants. They provided clear guidelines on installation, operation, and maintenance to protect water quality.
- Prohibition of Discharge to Surface Water: Septic tanks discharging directly to surface water (e.g., rivers, streams) were required to be upgraded to sewage treatment plants or redirected to drainage fields by January 1, 2020.
Permits
- Systems that could not comply with the general binding rules needed to apply for an environmental permit. This applied to both new installations and significant modifications to existing systems.
2020 Regulations
Enforcement of 2015 Upgrades:
- The 2020 regulations enforced the requirement that all septic tanks discharging to surface water be either upgraded to a sewage treatment plant or have their effluent redirected to a drainage field. This deadline was set for January 1, 2020.
- Regular Maintenance: Emphasis was placed on regular maintenance to ensure systems did not cause pollution.
New Installation Standards:
- Any new systems or significant modifications made after January 2020 had to comply with the updated general binding rules and could not discharge directly into surface water.
2023 Regulations
Enhanced Discharge Rules:
- No Shared Outlets: New regulations stipulated that new discharges could not use the same outlet as other discharges if the combined volume would exceed the set thresholds for groundwater or surface water (2 cubic meters per day for groundwater and 5 cubic meters per day for surface water).
- Discharge Point Proximity: New discharges must be at least 50 meters away from any other discharge points or groundwater activities.
Additional Environmental Protection:
- The 2023 regulations added more stringent controls to prevent cumulative pollution effects, requiring environmental risk assessments for new discharges within 50 meters of existing ones.
Permits and Compliance:
- New discharges that could not meet the general binding rules required an environmental permit, ensuring thorough review and environmental safety.
Integration of Changes
- 2015 to 2020: The 2015 regulations laid the groundwork by establishing the general binding rules and prohibiting surface water discharges, which were enforced in 2020. This period focused on transitioning existing systems to meet the new standards.
- 2020 to 2023: The 2020 regulations ensured compliance with the 2015 rules, particularly the ban on surface water discharges. The 2023 changes further refined these rules, adding more detailed requirements for new installations and additional environmental protections.
By evolving these regulations over time, the aim is for the UK to strengthen its framework for managing small sewage discharges, progressively enhancing environmental protections and ensuring better compliance with wastewater management standards.
2020 Law Change for Septic Tanks and Cesspits
In 2020, significant changes were introduced to the regulations governing septic tanks and cesspits in the UK. The main focus of these changes was to protect the environment by reducing pollution from domestic sewage systems. The key aspects of these regulatory changes are as follows:
General Binding Rules
Discharge to Surface Water:
Under the new regulations, septic tanks are no longer allowed to discharge directly into surface water, such as rivers, streams, ditches, or drains. If a septic tank was previously discharging into surface water, homeowners needed to upgrade their system by either:
Connecting to a mains sewer (where available).
Installing a drainage field (infiltration system) so the effluent can disperse safely into the ground.
Replacing the septic tank with a sewage treatment plant that meets the required standards for effluent discharge.
Permits and Compliance:
Existing systems that discharge directly into surface water required upgrades by 1 January 2020. Systems installed after this date must comply with the new standards immediately. Failure to comply with these regulations could result in enforcement action by the Environment Agency.
Maintenance and Operation:
The rules also emphasize regular maintenance and proper operation of septic tanks and cesspits. Homeowners must ensure that their systems are functioning correctly, are not causing pollution, and are being emptied at appropriate intervals.
Key Requirements for discharging to surface water
Upgrade Options:
Homeowners with non-compliant septic tanks had several options to comply with the new regulations:
Install a drainage field to allow effluent to percolate through the soil.
Replace the septic tank with a sewage treatment plant that meets BS EN 12566-3 standards.
Connect to the mains sewer if it is within a reasonable distance.
Permits:
Some discharges might still require an environmental permit from the Environment Agency, particularly in sensitive areas such as near watercourses or groundwater protection zones.
Regular Inspection and Maintenance:
Regular maintenance and inspection are mandatory to ensure that systems operate effectively and do not cause pollution. This includes regular emptying of tanks and checking the condition of drainage fields or treatment plants.
By implementing these changes, the UK aimed to reduce the environmental impact of domestic sewage systems, protect water quality, and ensure that waste is treated effectively before being discharged into the environment.
2023 Law Change for Septic Tanks
In 2023, the UK implemented new regulations for septic tanks to enhance environmental protection and ensure effective sewage management. These changes are detailed below:
New Regulations Effective from 2 October 2023
New Discharge Rules:
No Shared Outlets
New discharges cannot use the same outlet as any other discharge if the combined volume exceeds the thresholds for groundwater or surface water. This means each septic system must have its own discharge point to avoid exceeding the allowed discharge limits.
Discharge Point Proximity
New discharges must not be made to a discharge point within 50 meters of any other exempt groundwater activity or water discharge activity. This rule aims to minimize cumulative pollution in sensitive areas.
Existing vs. New Discharges:
Existing Systems
Systems installed before 2 October 2023, which have not been significantly altered, are classified as existing discharges. These systems must continue to comply with the general binding rules that were in place before the 2023 update.
New Systems
Systems installed or significantly altered after 2 October 2023 must comply with the new rules. This includes ensuring that new discharges do not share outlets and maintaining a minimum distance of 50 meters from other discharge activities.
Permits and Compliance:
Permit Requirements
For new discharges that cannot meet the general binding rules, a permit from the Environment Agency is required. This ensures that any new system installations are thoroughly reviewed for environmental safety.
Environmental Risk Assessment
If a new discharge is within 50 meters of an existing discharge, an environmental risk assessment is necessary. This assessment evaluates the potential environmental impact and determines if a permit will be issued.
Discharge, or Volume Limits
The discharge limits set by the general binding rules are 2 cubic meters per day for discharges to the ground and 5 cubic meters per day for discharges to surface water. New installations must ensure they do not exceed these limits to comply with the regulations.
Maintenance and Operation
Much like running a car, it’s important to not only keep it running smoothly with proper maintenance, but also to prove you’ve done it responsibly. Keeping a paper trail will save you a headache when it comes to selling your property or if the Environment Agency knocks on the door with pollution concerns.
TIP!
Always ask for a Waste Transfer Note from your tanker supplier or whoever you instruct to empty your septic tank or cess pit.
These aren’t legally necessary for domestic producers of waste, but for documenting moving of waste from one person or place between places. For example, the tanker driver will need to produce a Waste Transfer Note from your property to the nearest sewage treatment plant. Asking for a copy of this for your records will save running around after the fact making calls and trying to trace it years later…
Regular Maintenance
Regulations emphasize regular maintenance by a competent person to ensure the system operates efficiently and does not cause pollution. This includes routine inspections and sludge removal.
Information Transfer
When a property with a septic tank is sold, the seller must provide the buyer with information about the septic tank, including its maintenance history and any relevant regulatory compliance details.
Environmental Permits
For new discharges that might not meet the general binding rules, homeowners are required to apply for an environmental permit.
This includes scenarios where:
Non-Compliance with Discharge Limits:
If the discharge exceeds the volume thresholds (2 cubic meters per day to the ground or 5 cubic meters per day to surface water), a permit is required. This ensures that larger discharges are managed and treated appropriately to prevent environmental harm.
Proximity to Other Discharges:
If a new discharge point is within 50 meters of any other discharge or groundwater activity, a permit is necessary. This rule is designed to prevent cumulative pollution effects and ensure each discharge is assessed for environmental risk.
Environmental Sensitivity:
Discharges near sensitive environmental areas, such as protected wildlife sites, may require a permit regardless of volume. The Environment Agency assesses the potential impact on these areas before granting a permit.
By adhering to these updated regulations, you can help protect water quality and ensure their septic systems operate safely and efficiently – and stay out of trouble if your property has an old drainage system!
References you may Find Useful
GOV.UK. (2023). Septic tanks and sewage treatment plants: what you need to do.
WCS Group. (2023). New domestic sewage treatment plants – 2023 rule updates.
CountyClean Group. (2023). New Septic Tank Regulations 2023.
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