Septic Tank Regulations and Compliance

All discharges, whether to ground or water, from septic tanks and sewage treatment plants, both new and existing, must be registered with the Environment Agency under the new EPP2 regulations (6th April, 2010). According to the Septic Tank Regulations, discharges into watercourses will be refused. Only sewage treatment plants that have the EN 12566-3 certification will be eligible for the 'exemption'. The European Standard EN 12566-3 for small sewage treatment plants requires manufacturers to send their units to the Continent for testing and certification over a span of 38 weeks, resulting in the EN 12566-3 2005+A1 2009 Certificate, which also permits CE marking. Since CE marking for all construction products became mandatory on 1st July 2013, any sewage treatment plant or septic tank conversion unit lacking an EN Certificate cannot be CE marked and is illegal for sale in the UK, despite some rogue manufacturers still targeting unsuspecting consumers. Furthermore, such units cannot be accepted by the Environment Agency under the new general binding rules.

Regarding British Standard compliance, it is essential for anyone with a septic tank to understand the necessary upgrades. All septic tanks currently discharging into watercourses must either be replaced with a sewage treatment plant that has full BS EN 12566-3 certification or have their discharge redirected to a drainfield that complies with the current British Standards BS6297:2007.

New regulations were enacted on 1 January 2015. If your system was installed and discharging before 31 December 2014, it is classified as an ‘existing discharge’. In contrast, those installed and discharging after 1 January 2015 are considered ‘new discharges’. 

As of January 2020, if you are discharging to surface water such as a river or stream, you must utilize a small sewage treatment plant for effective sewage treatment. This type of plant, also known as a package treatment plant, employs mechanical components to ensure the liquid is clean enough to enter a river or stream. Under the general binding rules, direct discharges from septic tanks to surface water are prohibited. If you have a septic tank that discharges directly to surface water, it must be replaced or upgraded by 1 January 2020 or upon the sale of your property, whichever comes first. Should the Environment Agency find that your septic tank discharging to surface water is causing pollution, you will be required to replace or upgrade your system sooner than 1 January 2020, typically within a one-year timeframe, although this will be assessed on a case-by-case basis.

In terms of relevant British Standards, your treatment system must adhere to the applicable British Standard that was effective at the time of installation. The current standards for new systems include BS EN 12566 for small sewage treatment plants and BS 6297:2007 for drainage fields. You can confirm if your treatment plant met the British Standard during installation if it possesses a CE mark, the accompanying manual or documentation includes a certificate of compliance with a British Standard, or it is listed on British Water’s approved equipment registry. Additionally, you may reach out to the installation company for confirmation of compliance with the British Standard in effect when the equipment was installed. If your treatment system was installed before 1983, when no British Standards were established, no further action is required to meet this compliance requirement.

When it comes to regulating sewage systems near you, the critical term is ‘directly’. While septic tank regulations may not be particularly appealing, they serve their intended purpose without excessive complications. If the treated water discharges directly into a watercourse, an upgrade will be necessary; however, if it discharges through a drainage field or infiltration system, it may be compliant as is. Should your system fall short of the general binding rules, a permit—previously known as a consent to discharge—will be required, which involves a fee and a 13-week wait for a decision. Additional rules apply in sensitive areas, which may be reassuring for those who enjoy shellfish. A compliance challenge may arise for operators whose septic tanks or sewage treatment units are located on land not owned by them—a common scenario. Will the operator's deeds include the necessary easements? The right to utilize drains and access a septic tank does not inherently grant the right to lay electrical cables for upgrading the septic tank to an electric-powered system. Negotiating easements and the associated legal work may prove more costly than installing new equipment. If you're considering collaborating with neighbors on shared sewage arrangements, this adds another layer of potential conflict. This regulatory approach resembles the government's push to phase out older, less efficient vehicles in favor of safer and greener alternatives, but with a notable distinction; the automotive industry is heavily regulated, and vehicle ownership is documented and computerized. Enforcement mechanisms exist, yet how the Environment Agency will identify remote residences with outdated septic tanks remains uncertain.