Section 101A of the Water Industry Act 1991

New legislation was introduced in England and Wales on the 1st April 1996 by the implementation of Section 101A of The Water Industry Act 1991.

Briefly this means that two or more property owners can request the Water Company that serves their area, to provide mains sewerage for their properties. (subject to certain conditions.)

Introduction

The Environment Act 1995, was introduced as an amendment to the Water Industry Act 1991. This amendment is called - Section 101A of the Water Industry Act 1991, and became operative on the 1st April 1996.

The Application

This amendment means that if the owners of two or more properties require the provision of mains sewerage to their properties, and there are environmental problems with the existing systems all they have to do is to make an application to the Water Company, that serves their area. This application does not need to be in detail and only has to state that there are environmental problems which can only be solved by new public sewers. The Water Company will do the rest.

Costs

If you are then connected to a sewer the only costs for you will be:

  • The infrastructure costs (about £200)
  • The physical costs of amending your own system
  • The annual Water Company charges

Criteria for Assessment

The Water Company will undertake all consultations necessary, plus a technical and economic appraisal of a scheme to sewer your area, and report back to you on their findings. The duty to provide a public sewer arises if some or all of the various technical criteria are met, and a sewer is the most cost effective solution. The technical criteria are very briefly as follows :-

  • There is a risk to water sources
  • There is evidence of a risk to public health from the existing systems ( but not neglect)
  • Polluting matter is reaching, or can reach a watercourse
  • Sewage pollution is damaging the local amenity value
  • Statutes or other requirements are being breached resulting in environmental problems
  • There are other practical / technical criteria as well, which may form part of the assessment.

Finally there is an economic assessment which will be undertaken as part of the proposals.

Application Procedure

If you believe that you qualify for the provision of a public sewer, a very simple application should be made to your Water Company.( probably on one of their forms).

Time

The Water Company should then determine the application reasonably quickly (no time limit is given, but it is reasonable to say within 6 months).

Appeals

If you are dissatisfied with the decision of the Water Company, then you have a right of appeal against it. You can do this by applying to the local office of The Environmental Agency, who will give you the necessary information for appeals. A considerable amount of the above information has of necessity been very much abbreviated. However should you do need any advice or further information please contact us.

For further impartial advice on any problems associated with all types of sewage and effluent treatment contact Johnston Smith Consulting - The Independent Specialists.