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Septic Tank Owners Beware!

STOP PRESS!

The Environment Agency has temporarily suspended the requirement to register septic tanks in England while they conduct a review.  However, as suspension may not last long, Mary advises that it would be wise to register your septic tank in any case.

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Mary Nation of Charlesworth Nicholl Solicitors in Crediton is warning all owners of houses with septic tanks to ensure they are registered following the new Environment Agency Rules that came into force on 6th April 2010.

Until then, if a septic tank met certain criteria in regard to the amount they discharged and providing the property was not located in a Ground Source Protection Zone One, then they did not need to register with the Environment Agency or have a Consent to Discharge. 

However, from 6th April 2010 the new Environmental Permitting Regulations came into force and the position on septic tank discharges changed.

ALL septic tanks now need to be registered.  This is particularly important for those thinking of selling their property because they will need to obtain an Environmental Permit or an Exemption from Permit regardless of the year when their system was installed and regardless as to whether the discharge is to surface water or ground water.  So septic tanks that discharge into a soakaway or into a watercourse both need to obtain either an Environmental Permit or an Exemption from such Permit.

Most small septic tanks will be able to obtain an Exemption from Permit and if a septic tank already has a Discharge Consent then such Consent will automatically become an Environmental Permit under the new Regulations so  those who hold such a Discharge Consent will not have to re-apply.

Many discharges from domestic septic tanks and treatment plants may be eligible for the free Exemption Permit and Mary strongly advises that house owners should apply to the Environment Agency sooner rather than later to avoid any delay on a future sale of their property.

In order to obtain exemption, the occupier of the land must apply to the Environment Agency and notify them of various particulars including :-

(a)       Their name and address

(b)       Details of the location of the septic tank

(c)        A description of the small sewage effluent discharge (including whether the        equipment is new or is an existing installation)

(d)       An agreement to comply with and abide by the Conditions of Registration

Once registered, there is no need to re-apply for registration.

If the discharge adversely affects the environment or human health then the Environment Agency may refuse to register the discharge in which case they will discuss options with the Applicant who may be able to apply for an Environmental Permit.

Registration can be completed on the Environment Agency website.  Applicants will need to provide the name and address of the property and the twelve figure National Grid Reference of the discharge point.  Those who cannot register online can obtain paper registration forms.  There will be many rural properties that will find their sale is delayed because they have not registered their "septic tank", Mary emphasised.  So don't delay and register as soon as possible.

For further advice contact Mary Nation 

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