What are the General Binding Rules?

Defra announced the reform of the regulatory system that controls small sewage discharges (SSDs) which allows them to be used without an environmental permit.

As such, operating a septic tank or a small sewage treatment plant in England means you must comply with the general binding rules. In short, the sewage must:

• Be of a domestic nature (e.g. coming from a bathroom, kitchen, shower, or toilet of a home, office, pub, or commercial business). The Environment Agency can confirm if the sewage that your property is releasing is ‘domestic in nature’.
• Not be causing pollution. There are several ways to check for pollution, depending on whether you release sewage into the ground (e.g. a back garden) or into surface water (e.g. a river or stream).

Note: Septic tanks and treatment plants must be emptied at least once every year. Furthermore, the company that gets rid of waste sludge must be a registered waste carrier.

Releasing Sewage to the Ground

If the septic tank or a small sewage treatment plant that you are using discharges liquid to the ground, you must also use a drainage field (e.g. an infiltration system)

Furthermore, you would need to get a permit from the Environment Agency if your sewage system is discharging liquid (releasing):

• To a borehole, a well, or to any similar deep structure.
• More than two (2) cubic metres per day (e.g. in excess of 2,000 litres).
• In one of the groundwater source protection zones (SPZ1).

Important: The Environment Agency produces additional rules that you must follow if your septic tank or small sewage discharge treatment plant releases (discharges) liquid to the ground.

How to Calculate Sewage Discharge

You can use the calculator tool on the GOV.UK website to work out the daily discharge volume from a septic tank or package treatment plant connected to one or more houses or flats (e.g. residential properties).

But, you should use the ‘British Water: Flows and Loads – 4’ for holiday accommodation (e.g. cottages, chalets) or for commercial properties (e.g. hotels, offices, restaurants).

Am I in a Groundwater Protection Zone?

There are ways to check if you are in one of the groundwater source protection zones (SPZs). In short, an SPZ1 can either be:

• Any area that is within fifty (50) metres of a private water supply used for human consumption. Hence, you may need to ask your neighbours if they have a borehole, spring, well, and its distance from your drainage field.
• The area around a commercial water supply (see groundwater source protection zones). The Environment Agency can also confirm whether your discharge is being released inside the inner zone (Zone 1).

Releasing Sewage to a Surface Water

You need to use a small sewage treatment plant if you are discharging liquids to one of the surface waters. Also, you will need a permit to discharge more than five (5) cubic metres per day (e.g. 5,000 litres).

Important: The Environment Agency produces additional rules that you must follow if your septic tank or small sewage discharge treatment plant releases (discharges) liquid to a surface water.

Before You Install a New Sewage System

You would need to get building regulations approval, and in some cases you will also need planning permission, if you are installing a new system.

The application would need to be retrospective for building regulations approval and planning permission if you did not get permission and approval before the installation.

Contact your local council authority for further advice if your system was installed before the new regulations for septic tanks took effect (e.g. the 1st of January 2015).

Note: Another section explains how to find your local council and how to use the Royal Mail’s postcode finder.

Discharging Sewage to Ground

If your application is to discharge effluent outside a groundwater protection zone (SPZ1), the form you need will be (either):

• Up to 15m³ a day into ground or up to 20m³ a day to surface water (part B6.5).
• A bespoke environmental permit to discharge more than fifteen (15) cubic metres per day of liquid effluent or waste water to surface water.

If your application to discharge is inside a groundwater protection zone (SPZ1), and for less than two (2) cubic metres per day, the form you need will be (either):

• Application for an environmental permit (Form EPB) Part B6.6 (for use before the 1st of January 2015).
• Part B6.5 for systems installed since the 1st of January 2015 (see above).

Discharging Sewage to a Surface Water

You might be able to apply for a standard rules permit if you discharge between five (5) and twenty (20) cubic metres per day to a surface water. If not, you must get a permit to discharge (either):

• Application to discharge up to 15m³ a day into ground or 20m³ a day to surface water (part B6.5).
• A bespoke permit for discharging over twenty (20) cubic metres to surface water and groundwater.

This part is important:

Before starting the application process, you need to know the 8-figure grid reference for either the septic tank or treatment plant as well as the point where it discharges. You also need to:

• Provide an appropriate site plan.
• Calculate the largest amount discharged (see the general binding rules above).

Application Fees for Permits

The application fee for an environmental permit will depend on what type of site it is (e.g. domestic household, organisation, or a charity).

Complying with Septic Tank Permits

Defra and the Environment Agency produce further guidance explaining how to comply with a permit (including maintenance requirements), record keeping obligations, and the regulations for pollution reporting.

Discharging to Ground

The current application fee is £125 for domestic households (and charities) to discharge up to 5,000 litres (5m³) per day. The fees differ for certain other types of organisations.

• £2,708 to discharge up to 15,000 litres (15m³) per day.
• £5,699 to discharge more than 15,000 litres (15m³) per day.
• £6,052 for any volume containing specific substances (you may need to check the ‘Water Framework Directive’).

Discharging to a Surface Water

The current application fee is £125 for domestic households (and charities) to discharge up to 5,000 litres (5m³) per day. The fees differ for certain other types of organisations.

• £2,534 to discharge up to 5,000 litres (5m³) per day.
• £4,170 to discharge an amount between 5,000 litres (5m³) and 50,000 litres (50m³) per day.
• £7,649 for any volume containing specific substances (you may need to check the ‘Water Framework Directive’).

Annual Subsistence Fees

The annual subsistence fee applies to certain sites that are not classed as domestic households or charities.

• £251 to discharge up to 5,000 litres (5m³) per day.
• £823 to discharge an amount between 5,000 litres (5m³) and 20,000 litres (20m³) per day (with operator self monitoring).
• £890 to discharge an amount between 5,000 litres (5m³) and 20,000 litres (20m³) per day.
• £1,310 to discharge an amount between 20,000 litres (20m³) and 50,000 litres (50m³) per day (with operator self monitoring).

Note: As a rule, you will get a decision on an application within three (3) months. In some cases, it may take longer (e.g. due to planning issues).

Regulations for Cesspools

There is no legal requirement to comply with the general binding rules for having a cesspool. Furthermore, there is no need to apply for a permit to operate cesspools.

But, if you have a cesspool or cesspit you will need to maintain it, and:

• Take reasonable steps to ensure that it does not leak or overflow.
• Make sure it gets emptied on a regular basis by a registered waste carrier (e.g. at least once a month).

Note: The Environment Agency (and local councils) have the authority to force operators to repair or replace a poorly maintained cesspool.

If the EA Refuses Your Application

The Environment Agency may refuse an application. If so, they will:

• Tell you why they issued a refusal.
• The steps you need to follow to make an appeal.

Installing a New Cesspool

Any time you install a new cesspool or cesspit on your land or property, you will need to:

• Acquire building regulations approval and any appropriate planning permissions.
• Install a model that has a minimum capacity of 18,000 litres per two (2) users (plus an additional 6,800 litres per each extra user).