SEPA: apply online and save

The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (or CAR) have replaced the pollution control regime regulated under the Control of Pollution Act 1974 as amended, or CoPA (Journal, April 2006, 52). The new regulations have also introduced new controls for abstractions, impoundments and engineering works (in rivers and lochs).

This change in regulation will have affected many conveyancing transactions of properties served by septic tanks, as all “controlled activities” require to be authorised by general binding rule, registration or licence. Discharges from private domestic sewage (e.g. septic tanks) are controlled activities under CAR and will therefore require authorisation.

The Scottish Environment Protection Agency (SEPA) has introduced a web-based system for applying – at a discounted rate – to register low-risk water use activities such as:

• small private sewage discharges to rivers and soakaways (including new and existing discharges, usually treated by septic tank);
• minor water abstractions of between 10 and 50 cubic metres of water per day; and
• specific water engineering activities including small scale ditch clearing, green bank reinforcement, minor and temporary bridges.

From 1 April 2007, a paper application will cost £97. Apply online and pay only £72.

A significant difference between CoPA and CAR is that under CAR, septic tanks with discharges to land via full soakaway are controlled activities and therefore now require authorisation. Under CoPA, these discharges did not require consent. This means that a large number of septic tanks are not CAR-compliant since 1 April 2006.

For more information on what type of water use is covered and how to register, please refer to the CAR Practical Guide on SEPA’s website or contact your local SEPA office.

To apply online, visit www.sepa.org.uk/wfdreg

KEY POINTS

Online registration saves money – a paper application will cost £97; apply online and pay only £72. This represents a considerable saving over the £253 charge for an equivalent pre-April 2006.

Online registration is more efficient – the system ensures that the application is fully completed, which means we won’t have to chase you for missing information and you will receive your authorisation in the post within 30 days. (Authorisation is not immediate as SEPA will carry out a risk assessment. However, all applications will receive authorisation in the post within 30 days.)

Online registration is simple and convenient – apply any time, day or night, at www.sepa.org.uk/wfdreg.

COPA v CAR

All currently unauthorised septic tank discharges and any new septic tank discharges from domestic septic tanks require registration.

Septic tanks with discharges to land via full soakaway are controlled activities and therefore now require registration. Under CoPA these discharges did not require consent.

For all existing unauthorised domestic septic tank discharges from less than 50 population equivalent, SEPA will expect registration to be made at the point of house sale to ensure that the regulations are being complied with. Conveyancers should ensure that this occurs when dealing with rural properties. If a CoPA consent is in place for the discharge, there is no need to register. If in doubt, contact your local SEPA office.

All new domestic sewage discharges from less than 15 population equivalent will require registration.

Under CAR, SEPA must determine an application for registration within 30 days, compared to four months under CoPA.