Rural Division Sewage Treatment (England & Wales)

Guidance Note
1.0 Introduction
This Guidance Note is designed to ensure that Savills personnel involved in Estate
Management activities understand the legal background and good practice for sewage
treatment plants and systems. It also includes two useful appendices – that give the
detailed requirements for both small sewage discharges to the ground and to a surface
water.

2.0 Background
It is illegal in England or Wales to allow pollution of the ground or of a “surface water” with
sewage. A surface water is any body of water such as a river, lake, stream, etc or wetland
/ marsh.

3.0 Insurance
Make sure the client has the necessary insurance cover in place for any potentially
relevant pollution incidents. The policy should include cover for:
 environmental clean up following a sewage pollution incident; and
 a high enough liability limit to cover neighbouring land and / or boreholes being
affected.

4.0 Legislation
A number of different statutory instruments (Acts, Regulations and Orders) set the legal
framework for the legally enforceable environmental standards in England and Wales. The
Environment Agency performs the necessary enforcement functions – with wide ranging
powers for undertaking investigations, pro-active monitoring and where deemed in the
public interest, undertaking enforcement activities. Notices can be served, injunctions
applied for and punitive measures such as unlimited fines and custodial sentences are
available to the courts.

5.0 Types of sewage treatment plants and systems

5.1 Overview
A house, farm, business, etc that isn’t connected to the mains sewer, will go to one of the
following:
 a septic tank - an underground tank where the solids sink to the bottom and the
liquid flows out and soaks through the ground;
 a small sewage treatment plant (also known as a package treatment plant) - a part-
mechanical system that treats the liquid so it’s clean enough to go into a river or
stream;
 a cesspool (also called a cesspit) - a sealed tank that collects the sewage; or
 a non-standard system, e.g. a reed bed or a trench arch system.

With all non-standard systems, the Environment Agency must be contacted to find out if a
permit is required.

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5.2 Septic tanks or small sewage treatment plants
The ‘operator’ of a septic tank or small sewage treatment plant must check that the
“general binding rules” (as given below) are being followed. If they are not being followed
then a permit must be applied for.

5.3 What are the “general binding rules”

The sewage must:
 be domestic in nature, e.g. from a toilet, bathroom, shower or kitchen of a house,
flat or business (e.g. a pub, hotel or office); and
 not cause pollution.
In addition, there are other rules depending on whether the sewage is being released
to:
 to the ground, e.g. into a field or garden; or
 to a “surface water”, e.g. a river or stream.

Releasing to the ground:

A septic tank; or a small sewage treatment plant; or a drainage field (infiltration
system) must be used, but in addition, a permit must be applied for if the ‘discharge’:
 goes to a well, borehole or other deep structure;
 is more than 2 cubic metres (2,000 litres) per day; or
 goes to a groundwater source protection zone (SPZ1).

Releasing to a surface water

A small sewage treatment plant must be used. A permit must be applied for if more
than 5 cubic metres (5,000 litres) per day are discharged.

Installing a new system

Both the following are required:
 planning permission; and
 building regulations approval.
If these are not held they must be applied for retrospectively – unless the system was
installed before 1 January 2015.

5.4 Cesspools
The “general binding rules” do not have to be complied with and a permit does not need to
be applied for. The cesspool must be maintained and:
 emptied regularly (for example once a month) by a registered waste carrier; and
 it must not leak or overflow.

Installing a new cesspool

Both the following are required:
 planning permission; and
 building regulations approval.
A new cesspool must have a minimum capacity of 18,000 litres per 2 users (plus another
6,800 litres per each extra user).

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6.0 Complying with septic tank and sewage treatment plant permits
All permit requirements, including for maintenance, record keeping and pollution
reporting are to be met. It is essential that the permit is read and conditions fully
understood.
Maintenance
Septic tanks and treatment plants must be emptied at least once a year. The company that
gets rid of the waste sludge must be a registered waste carrier.
Check for pollution
The area where sewage is released should be inspected once a month for signs of
pollution.

For sewage released into the ground, check for:

 sewage smells; and
 Signs that the sewage isn’t draining properly (e.g. pools of water in the area where
the sewage is released).
For sewage released into water, check for:
 sewage smells;
 overflowing sludge;
 signs of white scum or foam on the water around the area where the sewage is
released.
Record keeping
Records of work done to empty, maintain or repair septic tanks or sewage treatment
plants, (e.g. invoices, bills or receipts) should be retained.

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 Appendix 1: General binding rules: small sewage discharge to the ground

Rules you must follow if your septic tank or small sewage discharge treatment plant releases
(discharges) liquid to the ground.
Rules for existing and new discharges
Use the correct treatment system
You must use a septic tank or small sewage treatment plant to treat the sewage and then
discharge the effluent (treated liquid) to ground via a drainage field.
A septic tank is an underground tank where the solids sink to the bottom, forming sludge, and the
liquid flows out to a drainage field.
A small sewage treatment plant, also known as a package treatment plant, works in a similar way
to a septic tank but uses mechanical parts to treat the liquid to a higher standard before it goes to
a drainage field.
A drainage field, also known as an infiltration system, is a series of pipes with holes placed in
trenches and arranged so that the effluent can trickle through the ground for further treatment.
You cannot use a soakaway (designed for draining rainwater), well or borehole for discharging
effluent to ground. Instead you must either upgrade to a drainage field or apply for a permit so that
the Environment Agency can assess the risk of using this sort of system in your location.
Your treatment system must meet the right standards
Your treatment system must meet the relevant British Standard in force at the time of installation.
The standards currently in force for new systems are:
 BS EN 12566 for septic tanks and small sewage treatment plants
 BS 6297:2007 for drainage fields
Your septic tank or treatment plant met the British Standard in place at the time of installation if:
 it has a CE mark
 the manual or other documentation that came with your tank or treatment plant has a
certificate of compliance with a British Standard
 it’s on British Water’s list of approved equipment
You can also ask the company that installed your equipment to confirm that it complies with the
British Standard that was in place at the time the equipment was installed.
If there were no British Standards in place when your treatment system was installed (that is
before 1983) you do not need to do anything else to meet this requirement.
Your treatment system must be installed correctly and have enough capacity
Your treatment system must be large enough to handle the maximum amount of sewage it will
need to treat. If you install a new septic tank, small sewage treatment plant or drainage field you
must check with the installer that it meets the sizing requirements in British Water’s Flows and
Loads 4 guidance.
If the amount of sewage the system needs to treat increases (e.g. because you’ve extended your
property or connected an additional property) you must make sure the treatment system is still big
enough. You must also recalculate the maximum daily volume of your discharge and apply for a
permit if it is more than 2 cubic metres (2,000 litres) a day.
Your treatment system must be installed in line with the manufacturer’s specification (the
instruction manual or technical set of requirements that comes with the equipment).
Have your treatment system regularly emptied and maintained
You must get the sludge that builds up in your septic tank or small sewage treatment plant
removed (desludged) before it exceeds the maximum capacity. As a minimum, you should have
your treatment system desludged once a year or in line with the manufacturer’s instructions.
The company you use to dispose of your waste sludge must be a registered waste carrier. Ask the
company to confirm this when you arrange to have your tank emptied or ask the tanker driver for a
copy of the company’s waste carrier certificate.
You should have your treatment system regularly maintained in line with the manufacturer’s
instructions. If these aren’t available, ask your local maintenance company for advice.

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 Appendix 1: General binding rules: small sewage discharge to the ground (contd.)

You must have your treatment system repaired or replaced if it isn’t in good working order, for
example if it has:
 leaks
 cracks in tank walls or pipes
 blocked pipes
 signs that the effluent isn’t draining properly, pools of water around the drainage point
 sewage smells
 a failed motor
 a failed pump
 a failed electrical supply
Anyone who carries out maintenance on your system must be competent. Competent people
include those on British Water’s list of accredited service engineers.
You sell your property: tell the new owner about the sewage treatment system
If you sell your property, you must tell the new operator (the owner or person responsible for the
septic tank or small sewage treatment plant) in writing that a small sewage discharge is in place.
Include:
 a description of the treatment system and drainage system
 the location of the main parts of the treatment system, drainage system and discharge
point
 details of any changes made to the treatment system and drainage system
 details of how the treatment system and drainage system should be maintained, and the
maintenance manual if you have one
 maintenance records if you have them
You stop using your treatment system: make sure it’s properly decommissioned
You must remove anything that could cause pollution (e.g. remaining sludge) when you stop using
a septic tank or small sewage treatment plant.
This doesn’t apply if you only stop using the equipment temporarily, for example if your property is
empty.
You can ask a maintenance company for advice on how to decommission your septic tank or
treatment plant properly.
Rules for discharges in a groundwater source protection zone 1 (SPZ1)
Check if the discharge point is in a groundwater SPZ1
A groundwater SPZ1 can be either:
 the area around a commercial water supply (used for drinking water or food production)
shown on the map of protected zones - check if your discharge is in the inner zone (zone
1) or ask the Environment Agency
 any area within 50 metres of a private water supply for human consumption - ask your
neighbours if they have one and if so how far their spring, well or borehole is from your
drainage field
You must apply for a permit if you have an existing discharge or are planning to start a new
discharge to the ground in a SPZ1. The permit costs £125. A permit will include additional
conditions to the general binding rules.
The Environment Agency will grant the permit if there’s:
 no evidence of pollution
 the risk of pollution is acceptable
If there is evidence of pollution or the risk of pollution is unacceptable the Environment Agency will
ask you to make changes to your system and may issue a permit with improvement conditions.
.

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 Appendix 1: General binding rules: small sewage discharge to the ground (contd.)

The Environment Agency regularly checks:

 surface and groundwater quality
 permit compliance
If they find your system may be causing pollution to surface or groundwater they will contact you to
discuss the issues. This may result in your permit being reviewed or revoked. See the guidance on
how to comply with your permit.
See the guidance on how to apply for a permit. Contact the Environment Agency if you need help
with your application.
Additional rules for new discharges from treatment systems installed and in use on or after
1 January 2015
You must follow these additional rules if you:
 started a new discharge from a septic tank or small sewage treatment plant on or after 1
January 2015
 had a discharge to a surface water before 1 January 2015 which you now want to change
to discharge to ground, or the other way round
 had a discharge to ground before 1 January 2015 and you want to install a new drainage
field more than 10 metres away from the existing one
These are called new discharges.
Check if there’s a public sewer nearby
If any part of the building your treatment system serves is within 30 metres of a public sewer, the
Environment Agency will not allow you to start a new discharge from a septic tank or small sewage
treatment plant under the general binding rules.
If you are building a development of more than one property, this distance must be multiplied by
the number of properties, e.g. if there are 3 properties then the distance will be 3 x 30 metres = 90
metres.
To find out if there is a public sewer near your property, contact your local water company.
If there is a good reason why you can’t connect to the sewer (e.g. there is a river or a hill in the
way) then you must apply for a permit so that the Environment Agency can decide whether to allow
you to use a small sewage treatment plant instead. Contact the Environment Agency to find out
what information you will need to put in your application.
Building regulations and planning approval
You must have planning permission and Building regulations approval if you have or are planning
to install a new septic tank or small sewage treatment plant.
Check if the discharge point is in or near a designated sensitive area
If you have or are planning to start a new discharge to ground in or near a designated sensitive
area, you must apply for a permit.
You will need a permit if the new discharge will be in an ancient woodland or in or within 50 metres
of any:
 special areas of conservation
 special protection areas
 Ramsar sites
 biological sites of special scientific interest
Contact the Environment Agency to check if you’re in or near a designated sensitive area and to
find out if you need a permit.
See the full list of general binding rules published by the government.
If there are any rules you can’t comply with contact the Environment Agency to discuss what you
need to do.

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 Appendix 2: General binding rules: small sewage discharge to a surface water

Rules you must follow if your septic tank or small sewage discharge treatment plant releases
(discharges) liquid to a surface water.
You must read septic tanks and treatment plants: permits and general binding rules before you
follow this guidance.
New rules came into force on 1 January 2015. If your system was installed and discharging before
31 December 2014 you have an ‘existing discharge’. If your system was installed and discharging
on or after 1 January 2015 you have a ‘new discharge’.
Rules for existing and new treatment systems
Use the correct treatment system
You must use a small sewage treatment plant to treat the sewage if you’re discharging to a
surface water such as a river or stream. A small sewage treatment plant (also known as a
package treatment plant) uses mechanical parts to treat the liquid so it’s clean enough to go into a
river or stream.
Discharges from septic tanks directly to a surface water are not allowed under the general binding
rules.
If you have a septic tank that discharges directly to a surface water you will need to replace or
upgrade your treatment system by 1 January 2020, or when you sell your property if before this
date.
If the Environment Agency finds evidence that your septic tank discharging to a surface water is
causing pollution, you will need to replace or upgrade your system earlier than 1 January 2020.
You will usually have to do this within 1 year, although this will be agreed on a case-by-case
basis.
You may be able to:
 connect to mains sewer – where available
 install a drainage field (also known as an infiltration system) so the septic tank can
discharge to ground instead
 replace your septic tank with a small sewage treatment plant
Contact the Environment Agency to discuss your options.
You can apply for a permit for an existing or new discharge to a surface water from a septic tank.
A permit is only granted in exceptional circumstances. Contact the Environment Agency to
discuss.
If you’re planning to use a septic tank conversion unit to upgrade an existing septic tank
discharging to a surface water contact the Environment Agency to check it meets the required
standard. You will be asked to provide evidence that it will treat to the equivalent standard as a
sewage treatment plant. You will still need to apply for a permit.
Your treatment system must meet the right standards
Your treatment system must meet the relevant British Standard which was in force at the time of
installation. The standards currently in force for new systems are:
 BS EN 12566 for small sewage treatment plants
 BS 6297:2007 for drainage fields
Your treatment plant met the British Standard in place at the time of installation if:
 it has a CE mark
 the manual or other documentation that came with your tank or treatment plant has a
certificate of compliance with a British Standard
 it’s on British Water’s list of approved equipment
 You can also ask the company that installed your equipment to confirm that it complies
with the British Standard that was in place at the time the equipment was installed.
 If there were no British Standards in place when your treatment system was installed (that
is before 1983) you do not need to do anything else to meet this requirement.

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 Appendix 2: General binding rules: small sewage discharge to a surface water

Your treatment system must be installed properly and have enough capacity
Your treatment system must be large enough to handle the maximum amount of sewage it will
need to treat. If you install a new small sewage treatment plant you must check with the installer
that it meets the sizing requirements in British Water’s Flows and Loads 4 guidance.
If the amount of sewage the system needs to treat increases (e.g. because you’ve extended your
property or connected an additional property) you must make sure the treatment system is still big
enough. You must also recalculate the maximum daily volume of your discharge and apply for a
permit if it is more than 5 cubic metres (5,000 litres) a day.
Your treatment system must be installed in line with the manufacturer’s specification (the
instruction manual or technical set of requirements that comes with the equipment).
If you’re in a tidal area (an area where the water level changes according to tides), you must make
sure the top end of the pipe that releases sewage is below the ‘mean low water spring mark’.
This is the average low water mark at the time of spring tides. Find out the low water mark where
you live on the Admiralty tide tables.
Contact the Environment Agency if your exact location is not shown.
Have your treatment system regularly emptied and maintained
You must get the sludge which builds up in your sewage treatment plant removed (desludged)
before it exceeds the maximum capacity. As a minimum, you should have your treatment system
desludged once a year or in line with the manufacturer’s instructions.
The company you use to dispose of your waste sludge must be a registered waste carrier. Ask the
company to confirm this when you arrange to have your tank emptied or ask the tanker driver for a
copy of the company’s waste carrier’s certificate.
You should have your treatment system regularly maintained in line with the manufacturer’s
instructions. If these aren’t available, ask your local maintenance company for advice.
You must have your treatment system repaired or replaced if it isn’t in good working order, for
example if it has:
 leaks
 cracks in tank walls or pipes
 blocked pipes
 signs that the effluent isn’t draining properly (pools of water around the drainage point)
 sewage smells
 a failed motor
 a failed pump
 a failed electrical supply
Anyone who carries out maintenance on your system must be competent. Competent people
include those on British Water’s list of Accredited Service Engineers.
You sell your property - tell the new owner about the sewage treatment system
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

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 Appendix 2: General binding rules: small sewage discharge to a surface water
You stop using your treatment system - make sure it’s properly decommissioned
You must remove anything that could cause pollution (e.g. remaining sludge) when you stop using
a septic tank or sewage treatment plant.
This doesn’t apply if you only stop using the equipment temporarily, for example if your property is
empty.
You can ask a maintenance company for advice on how to decommission your septic tank or
treatment plant properly.
Additional rules for new treatment systems installed and in use on or after 1 January 2015
You must follow these additional rules if you:
 started a new discharge from a small sewage treatment plant on or after 1 January 2015
 had a discharge to ground before 1 January 2015 which you now want to change to
discharge to a surface water (or the other way round)
 had a discharge to a surface water before 1 January 2015 and you want to install a new
drainage pipe which discharges more than 10 metres away from the existing one or which
goes to a different surface water
Check if there’s a public sewer nearby
If any part of the building your treatment plant serves is within 30 metres of a public sewer, the
Environment Agency will not allow you to start a new discharge from a sewage treatment plant
under the general binding rules.
If you are building a development of more than one property, this distance must be multiplied by
the number of properties, e.g. if there are 3 properties then the distance will be 3 x 30 metres = 90
metres.
To find out if there is a public sewer near your property, contact your local water company.
If there is a good reason why you can’t connect to the sewer (e.g. there is a river or a hill in the
way) then you must apply for a permit so that the Environment Agency can decide whether to
allow you to use a sewage treatment plant instead. Contact the Environment Agency to find out
what information you will need to put in your application.
Building regulations and planning approval
You must have planning permission and Building Regulations approval if you have or are planning
to install a new sewage treatment plant.
Check if the discharge point is in or near a designated sensitive area
If you have or are planning to start a new discharge to a surface water in or near to a designated
sensitive area, you must apply for a permit.
You will need a permit if the new discharge will be in or within 500 metres of any:
You sell your property - tell the new owner about the sewage treatment system
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
You stop using your treatment system - make sure it’s properly decommissioned
You must remove anything that could cause pollution (e.g. remaining sludge) when you stop using
a septic tank or sewage treatment plant.
This doesn’t apply if you only stop using the equipment temporarily, for example if your property is
empty.
You can ask a maintenance company for advice on how to decommission your septic tank or
treatment plant properly.
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