REGULATIONS & GENERAL BINDING RULES

THE RULES CHANGED IN 2015 AND HAVE BEEN ENFORCED AS OF JANUARY 2020

Installing an off-mains drainage system may seem overwhelming when considering the various legal requirements involved. Regulations cover everything from the appropriate tank type for a property to allowable discharge locations and acceptable ground conditions.

Below, you can find a summary guide to the General Binding Rules that pertain to Septic Tanks and Sewage Treatment Plants. Alternatively, click the link to review the relevant Government Regulations.

The RULES

SEPTIC TANK REGULATIONS

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The new septic tank regulations were introduced by DEFRA and the Environment Agency on January 1st, 2015. Known as 'The General Binding Rules', these new rules simplify the regulations for septic tanks and small sewage treatment plants. The General Binding Rules specify the conditions that must be met to use these systems without an Environmental Permit. Failure to comply with these rules requires the system owner to apply for a Permit or upgrade/replace the existing system to meet the required standards."

WHO WILL THIS EFFECT?

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From January 1st, 2020, it is now mandatory to replace any septic tank that releases grey (waste) water into the surface water system. Septic tanks that discharge directly into a watercourse or lack proper drainage fields or infiltration systems are deemed non-compliant with the General Binding Rules and will require replacement.

WHAT IF MY SEPTIC TANK DISCHARGES INTO A WATERCOURSE?

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If your septic tank discharges directly to a watercourse, as soon as possible you must either:

  • connect to a public foul sewer
  • replace your septic tank with a small sewage treatment plant
  • add a conversion unit for secondary treatment
  • install a drainage field (also known as an infiltration system) – a series of pipes with holes placed in trenches and arranged so that the  wastewater can trickle through the ground for further treatment – and check if you meet the general binding rules for discharges to ground

IF YOU SELL YOUR PROPERTY YOU MUST TELL THE NEW OWNER ABOUT THE SEWAGE TREATMENT SYSTEM

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If you sell your property, you must tell the new operator (the owner or person responsible for the sewage treatment plant) in writing that a sewage discharge is in place. Include:

  • a description of the treatment plant and drainage system
  • the location of the main parts of the treatment plant, drainage system and discharge point
  • details of any changes made to the treatment plant and drainage system
  • details of how the treatment plant should be maintained and the maintenance manual, if you have one
  • maintenance records, if you have them

WHAT IF YOU BUY OR SELL A PROPERTY WITH A SEPTIC TANK THAT DISCHARGES DIRECTLY INTO A WATERCOURSE?

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You should agree with the buyer or seller who will be responsible for replacing or upgrading the treatment system. You should agree this as a condition of sale.

MAKE SURE YOUR TREATMENT SYSTEM MEETS THE RIGHT BRITISH STANDARD

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Your system must meet the relevant British Standard that was in place at the time it was installed. The current standards for new systems are:

  • BS EN 12566 for small sewage treatment plants
  • BS 6297:2007 for drainage fields

WHAT IF THE AMOUNT OF SEWAGE THE SYSTEM NEEDS TO TREAT INCREASES?

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If you plan to expand your property or connect another property, it is crucial to ensure that your septic tank or treatment system can handle the increased capacity. Recalculate the maximum daily volume of discharge to determine if the system is adequate. If your discharge exceeds 5 cubic metres (5,000 litres) per day to the surface water, it is mandatory to connect to the public foul sewer, where feasible. Otherwise, you will have to apply for a permit.

    GET YOUR TREATMENT SYSTEM REGULARLY MAINTAINED

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    You should have your treatment system regularly maintained in line with the manufacturer’s instructions. If these are not available, ask your local maintenance company for advice. You must have your treatment system repaired or replaced if it is not in good working order. For example, this could be if it has:

    • leaks
    • cracks in tank walls or pipes
    • blocked pipes
    • signs that the waste water is not draining properly, like pools of water around the drainage point
    • sewage smells
    • a failed motor
    • a failed pump

    GET YOUR TREATMENT SYSTEM REGULARLY EMPTIED

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    To prevent your sewage treatment plant from exceeding its maximum capacity, it's essential to get rid of the sludge buildup through regular desludging. As per the manufacturer's instructions, or at least once annually, you should schedule a desludging for your treatment system. It's vital to engage a registered waste carrier company to handle the disposal of your waste sludge.

    ENFORCEMENT

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    Any discharge that results in pollution may constitute an offence. The Environment Agency can offer help and guidance to resolve the issue, however, if the discharge persists and continues to cause pollution, the Environment Agency may take enforcement action against the responsible party.