A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Trade Effluents (Prescribed Processes and Substances) Regulations 1989
S.I. 1989 No. 1156Note: The legislation referred to in this instrument has been consolidated in the Water Industry Act 1991. For provisions relating to trade effluent, including special category effluent, see Part IV, Chapter III of the 1991 Act, p.247 above.Under the Environment Act 1995 (c.25), s.2(2)(b), p.422 above, the functions of the Secretary of State in relation to special category effluent under that Chapter, other than any function of making regulations or orders under s.139 of the Water Industry Act 1991, were transferred to the Environment Agency on the transfer date, 1 April 1996.The Secretary of State for the Environment, and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 741 and 185(2)2 of the Water Act 1989, and of all other powers enabling them in that behalf, hereby make the following Regulations:-
Citation and commencement
1. These Regulations may be cited as the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2. In these Regulations--"the 1989 Act" means the Water Act 1989;"asbestos" means any of the fibrous silicates, namely, crocidolite, actinolite, anthophyllite, chrysotile, amosite and tremolite; and"background concentration", in relation to any substance, means such concentration of the substance as would, but for anything done on the premises in question, be present in the effluent discharged from those premises; and without prejudice to the generality of the foregoing, includes such concentrations of the substance as are present--
A. in water supplied to the premises;
B. in water abstracted for use in the premises; and
C. in precipitation onto the site within which the premises are situated.

Trade effluent containing prescribed substances

3. Section 74 of the 1989 Act3 (control of exercise of trade effluent functions in certain cases) shall apply to trade effluent in which any of the substances listed in Schedule 1 to these Regulations is present in a concentration greater than the background concentration.

____________________
1
The corresponding provision in the water consolidation legislation is s.138(1) of the Water Industry Act 1991, p.246 above.
2
The corresponding provision in the water consolidation legislation is s.213(2) of the Water Industry Act 1991, p.254 above.
3
The corresponding provision in the water consolidation legislation is s.138(1) of the Water Industry Act 1991, p.246 above.

-542-

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