Can I Put That Down the Drain?

When running a business you’ll inevitably use water: it could be just for flushing loos and making a coffee – or you might use it as part of a manufacturing or food preparation process. Either way, this also means you’ll produce waste water that can be dealt with in a number of ways:

  • Surface water drains: this will end up in local watercourses such as streams or rivers. Only rain water etc can be disposed of via a surface water drain.

  • Foul water drains: this is for all other waste water and it will eventually end up at a water treatment plant.

You could be forgiven for thinking that once it’s down the drain it’s no longer your problem, but it is.

If anything other than uncontaminated rainwater is going down a surface water drain on your premises you’ll need permission from the Environment Agency.

Discharges to the foul sewer are classed as ‘trade effluent’ for which a trade effluent consent is needed from your local water authority. Trade effluent doesn’t include domestic sewerage (waste water used for domestic purposes such as washing, food and drink and for toilets). Common activities where you might need a permit or consent include vehicle washing, emptying floor cleaners, launderette facilities, and process activities where water is used for washing or cooling.

The UK’s sewage infrastructure is under pressure and so ever more attention is being paid to stopping the wrong stuff getting in at source and it’s not just industrial pollution: Fats, Oils and Greases (FOGs) discharged by food businesses are causing huge problems and this sector is being actively targeted.

A list of the main legislation is below. Different Acts apply depending on what you’re doing and whether you’re connected to the main sewer or not but make no mistake – you are very much responsible for the effluent you produce and are expected to ensure that, for example, Fats, Oils and Greases are dealt with by you before they get anywhere near a public drain or sewer.

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Anything that isn’t domestic sewage (toilet, bath or hand wash waste) or uncontaminated surface water and roof drainage (rainwater) is classified as trade effluent. The Water Industry Act 1991 defines trade effluent as:

“any liquid, either with or without particles of matter in suspension in the liquid, which is wholly or partly produced in the course of any trade or industry carried on at a trade premises.”

Discharging anything other than domestic waste into a drain that is connected to a public sewer requires consent prior to commencing any trade effluent discharge. It is a criminal offence under Section 118 (5) of the Water Industry Act to discharge any trade effluent to sewer without the consent of the sewerage undertaker and you may be subject to legal action and large fines if you discharge without consent.

The sewerage undertaker can also set a ‘consent level’ for what you can discharge to the sewer system. This generally imposes limits on a number of variables including Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), flow rate, pH, temperature and Total Suspended Solids (TSS).

Waste water discharges from hotels, pubs, restaurants, takeaways and caravan parks are not classed as trade effluent. They are, however, regulated under Section 111 of the Water Industry Act 1991. Premises found to be discharging fats, oils, greases and food scraps into the sewer which then cause blockages or compromise the operation of the sewer system can be prosecuted.

Part 1 Section 111 of the Water Industry Act 1991 states:

“…no person shall throw, empty or turn, or suffer or permit to be thrown or emptied or to pass, into any public sewer, or into any drain or sewer communicating with a public sewer any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents”

This is quite broad in terms of the scope for prosecution but there are a number of other avenues they can follow too.

If you discharge waste such as FOGs to the sewer the Local Authority can issue a notice under Section 59 of the Building Act 1984:

“…if it appears to a Local Authority that in the case of any building a cesspool, private sewer, drain, soil-pipe, rain water pipe, spout, sink or other necessary appliance provided for the building is insufficient or in such a condition as to be prejudicial to health or a nuisance they shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as to case may be, require either the owner or occupier of the building to do such work as may be necessary for renewing, repairing or cleaning the existing cesspool, sewer, drain pipe, spout, sink or other appliance, or for filling up, removing or otherwise rendering innocuous the disused cesspool, sewer or drain.”

Many Environmental Health Officers will use this or other powers when inspecting if there is a known FOG problem in public or private sewers.

If you are not connected to the main sewer but have a treatment plant with an outflow to a public water course you need a permit from the Environment Agency.

They will set consent levels which you cannot change and you have no right of appeal against them. Section 85 of the Water Resources Act 1991 says that:

“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. A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged into any controlled waters.

“A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged from a building or from any fixed plant (a) on to or into any land; or (b) into any waters of a lake or pond which are not inland freshwaters.”

There are also a number of other statutory instruments that can be used.

The Industrial Emissions Directive (IED) introduces changes to the description of some activities previously covered by the Integrated Pollution Prevention and Control (IPPC) Directive: in particular, the thresholds for some activities have been changed. This means many existing food and drink manufacturing businesses that were not previously subject to the IPPC are now regulated under the IED. Water authorities are increasingly relying on this legislation regarding treatment of FOGs and other wastes.

Businesses that manufacture products from vegetable raw materials (such as brewers and soft drinks manufacturers, vegetable processors and bakeries) or businesses that manufacture food products from mixed animal and vegetable raw materials (such as ready meals) are most likely to be affected by the changes. The Environmental Permitting Regulations 2016 (EPR) implements the Directive and includes the requirement to hold an environmental permit.

The IED is a ‘recast’ of the IPPC Directive and incorporates many of the original requirements of IPPC that apply to industrial processes that have the greatest potential to cause pollution. In order to operate lawfully, installations must be operated in accordance with the conditions of an environmental permit granted under the Environmental Permitting Regulations (England & Wales) 2010. The need to maintain an effective environmental management system is a foundational requirement of all permits. Applying for a permit is a complex task.

For the food and drink sector, the main changes introduced by the IED relate to the definition of daily ‘finished product production capacity‘ thresholds above which a business is required to have an EPR permit. Specifically, for businesses that treat and process only vegetable materials (brewers, etc) the production threshold is based on the maximum daily capacity of the plant, whereas under the IPPC regime, the capacity was determined by reference to average quarterly production.

The IED also introduces a new mixed animal/vegetable activity description with a variable permitting threshold that depends on the overall percentage of animal raw material (up to 10%) used. Where more than 10% animal raw materials are used the production threshold is 75 tonnes per day. In effect, these changes lower the threshold at which a vegetable or mixed animal/vegetable facility is regarded as an installation and must therefore have an environmental (installation) permit. Animal only processes were already assessed on this basis under IPPC and are not therefore affected by the activity description changes described above.

For guidance on the meaning of ‘finished product production capacity’ operators should firstly refer to the Environment Agency guidance note RGN2 (Appendix 1), which sets out the principles and constraints that should be taken into account when determining plant capacity.

It is an offence to operate an installation without, or not in compliance with the conditions of an environmental permit.

If you have blocked drains on your property then the local authority can serve a notice on you to cleanse and repair under Local Government (Misc Provisions) Act 1982 section 27 and / or the Public Health Act 1936 section 343. If the blocked drain serves two or more properties they can serve a notice under the Local Government (Misc Provisions) Act 1976 section 35 and / or Public Health Act 1936 section 343.

New builds or extensions will be subject to the Building Regulations 2000, Part H Section 2.21 provides that:

“Drainage serving kitchens in commercial hot food premises should be fitted with a grease separator complying with BS EN 1825-1:2004 and designed in accordance with BS EN 1825-2:2002 or other effective means of grease removal.”

Using a biological drain management system to treat FOGs meets that requirement.

The Environmental Protection Act 1990 is the successor to the Control of Pollution Act 1974 and makes provision for the management of pollution from industrial processes. It deals with issues relating to waste on land, defining all aspects of waste management and places a duty on local authorities to collect waste.

The Act provides that as a business, you have a duty to ensure that any waste your company produces is handled safely and within the law. This is your ‘duty of care’ and it applies to anyone who produces, imports, transports, stores, treats or disposes of controlled waste from businesses or industries. The Act states:

“It is illegal to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. It is an obligation to safely manage, store and legally dispose of any waste product that is produced.”

Part of your Duty of Care under the Act is making sure a licensed waste contractor removes your waste oil and recovered FOGs and that you get proper waste transfer notes. This can be a major cost of having a grease trap: you can’t throw away the grease with the rest of the rubbish. It’s licensed waste and you need to pay a specialist contractor to remove it.

Environmental Health Officers use their powers under the Act to impose restrictions (or even close) a business in response to ‘statutory nuisance’, such as smells, effluents or the accumulation of refuse. See also the section on The Environmental Permitting (England and Wales) Regulations 2016 and the Industrial Emissions Directive.

The Health and Safety at Work Act 1974 requires employers to ensure the health and safety of all employees and anyone affected by their work, so far as is reasonably practicable, which means balancing the level of risk against the measures needed to control the risk in terms of money, time or trouble. This includes taking steps to control slip and trip risks – which is a particular risk in commercial kitchens.

The Management of Health and Safety at Work Regulations 1999 (Regulation 3) includes duties on employers to assess risks (including slip and trip risks) and take action where necessary. The Workplace (Health, Safety and Welfare) Regulations 1992 (Regulation 12) requires floors to be suitable, in good condition and free from obstructions so people are able to move around safely.

Businesses have a responsibility to provide safe and clean working conditions for staff and to serve food that is stored and prepared hygienically. Waste management is an essential part of these responsibilities. European Regulation (EC) no.852/2004 and the Food Safety and Hygiene (England) Regulations 2013 apply to all food businesses and stress the need for good hygiene practices to protect food safety and consumers.

This includes the requirement that premises and equipment are cleaned regularly to remove grease and dirt. Apart from the safety risk grease build up will attract vermin and other pests.

Depending on the type of business the Animal By-Products Regulations 2005 (Statutory Instrument No. 2005/2347) may also apply.

The ISO 14000 family of standards provides practical tools for companies and organizations of all kinds looking to manage their environmental responsibilities. ISO 14001:2015 and its supporting standards (such as ISO 14006:2011) focus on environmental systems to achieve this. The other standards in the family focus on specific approaches such as audits, communications, labelling and life cycle analysis, as well as environmental challenges such as climate change.

How you use water on your site and how you dispose of waste water forms part of ISO 14001 Environmental Management. The standard says:

“ISO 14001:2015 is the current Environmental Management System (EMS) standard, providing a model for companies to follow to create and achieve their environmental policy, thereby effectively managing the complete business. It is designed to help companies achieve consistent environmental regulatory compliance together with continuous improvements in environmental performance. It can also lead to increased efficiency and can yield cost benefits.”

ISO 14001 also requires businesses to demonstrate they are using the latest techniques and equipment to constantly improve the methods and equipment they use as part of their environmental management systems.

Are you compliant? If you’re discharging FOGs to the sewer you are liable to fines and prosecution. Contact us for a free, no obligation survey to see where you stand. You can read more about FOG management here or search our FAQs.

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