Water Resources Act

The disposal of aqueous-based wastes, i.e. liquid effluents, is regulated in part by the Water Industry Act 1991 and the Water Resources Act 1991. 

NATIONAL RIVERS AUTHORITY WATER RESOURCES ACT 1991 - CONSENT TO DISCHARGE... 

The Water Resources Act, 1991, which covers discharges into inland water ways. Consent from the National Rivers Authority (NRA) is needed for such discharges. 

Effluent control as part of a Direct Toxicity Assessment (DTA) approach (UKWIR, 2001), based on the recommendations of a DTA Demonstration Programme completed in 2000. Toxicity-based conditions may be implemented as part of Integrated Pollution Prevention and Control (IPPC) authorisations or to control emissions under the Water Resources Act. 

The primary environmental legislation in England and Wales that relates to the release and control of waste discharges includes the 1990 Environmental Protection Act, the 1991 Water Resources Act, the 1995 Environment Act and the 1999 Pollution Prevention and Control Act. Some of the more important elements of these acts are discussed below. 

The 1991 Water Resources Act relates to the control of discharges to controlled waters. Section 85(1) states A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters . The Act defines controlled waters and provides for the Secretary of State to establish water-quality objectives and the attainment of these objectives. The Act provides powers to the Environment Agency to prosecute a consent-holder if conditions are breached and to serve a works notice on an offender requiring them to remove or alleviate the pollution. Section 190 of the Act also established registers that include details such as notices of water-quality objectives applications made for consents consents and the conditions to which the consents are subject samples of water or effluent taken by the [Agency] for the purposes of any of the water pollution provisions of this Act and information produced by analyses of those samples. 

The main legislation is the Environmental Protection Act (1990), the Water Resources Act (1991), the Environment Act 1995 and the Pollution Prevention Control Act (1999) (see main text). 

The Water Resources Act (WRA) 1991 provides for the regulating authority, the Environment Agency in England and Wales, to issue consents that include information on the composition of the discharge, volume, concentration and total amount of substances that can be released. Conditions vary on the use of the receiving watercourse but must ensure no deterioration in water quality. Registers of information are kept and are freely available to the public. The Water Industry Act... 

The particular role of the Part IIA system is to ensure that land is suitable for use in the context of its current use and setting. Previous statutory regimes have been in place for similar purposes—most noticeably and recently, the anti-pollution works provisions in the Water Resources Act 19914 and the statutory nuisance system in the Environmental Protection Act 1990.5 But following a policy review in 1993 and 1994,6 the then Government considered that a modern, specific contaminated land power was needed,7 and legislated accordingly in the Environment Act 1995. 

Potential problems arising from land contamination have previously been addressed by UK law. For example, Section 161 of the Water Resources Act 1991 refers to situations where any poisonous, noxious or polluting matter or any solid waste matter is likely to enter. . . any controlled waters , which clearly includes the sense of one type of land contamination problem. The concept of contaminated land has also been referred to in UK law—for example, the Leasehold Reform, Housing and Urban Development Act 1994 gave the Urban Regeneration Agency (which became known as English Partnerships) specific powers to fund the reclamation of derelict, contaminated or un-used land. But Part IIA contains the first definition of contaminated land in UK law. 

Anti-pollution works. Under section 161 of the Water Resources Act 1991, the National Rivers Authority (and then the Environment Agency) could take action to prevent polluting matter entering controlled waters, and could recover its reasonable costs from the person who caused or knowingly permitted the matter in question to be present at the place from which it was likely. .. to enter controlled waters .28 The practicability of this mechanism was hampered by the act first, recover later structure this was corrected by the creation of anti-pollution works notices under section 161A.29... 

Also, the German Water Resources Act holds the author of an unauthorized pollution of water strictly liable for any damage caused. 

Section 85 of the Water Resources Act 1991 makes it an offence to cause or knowingly permit the pollution of waters. This offence is normally prosecuted under the cause category as this is an offence of strict liability and requires only proof that the offence occurred and the defendant caused it. The penalty can be 6 months imprisonment or a fine of up to 20 000 in the magistrates court or 2 years imprisonment or an unlimited fine in the Crown Court. 

Section 24 of the Water Resources Act 1991 prohibits abstraction of water from streams or the ground except in pursuance of a licence granted by the Environment Agency. This offence is punishable by a fine of up to 5000 or on indictment, an unlimited fine. 

The Water Resources Act 1991, is designed to prevent the pollution of inland waters by providing the Environment Agency with powers to initiate remedial works to prevent pollution by companies and by water and sewage xmdertakings who discharge directly to a controlled water. Pollution includes materials that are poisonous and noxious to the controlled water and also any solid matter. Solid matter can stifle life in the aquatic media. Controlled waters include ... 

The Water Resources Act 1991 relates to water abstraction and to discharges to controlled waters. It is administered by the Environment Agency who apply stricter standards than those required under the Water Services Act since the discharges are to natural water courses that have no means of treatment Usually the water utility companies have consents from the Environmental Agency to discharge their treated effluent into controlled waters. 

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