Effluent in UK Law

Leading Cases
  • National Rivers Authority v Yorkshire Water Services Ltd
    • House of Lords
    • 17 Nov 1994

    In applying the words of the statute in the light of the decision of this House in Alphacell Ltd. v. Woodward, I am of opinion that Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol. In applying the words of the statute in the light of the decision of this House in Alphacell Ltd. v. Woodward, I am of opinion that Yorkshire Water Services having set up a system for gathering effluent into their sewers and thence into their sewage works there to be treated, with an arrangement deliberately intended to carry the results of that treatment into controlled waters, the special circumstances surrounding the entry of iso-octanol into their sewers and works does not preclude the conclusion that Yorkshire Water Services caused the resulting poisonous, noxious and polluting matter to enter the controlled waters, notwithstanding that the constitution of the effluent so entering was affected by the presence of iso-octanol.

    I think it is important and in accordance with the exposition given in Alphacell Ltd. v. Woodward that the word "cause" is to be used in its ordinary sense in these provisions and it is not right as a matter of law to add further requirements. I think it is important and in accordance with the exposition given in Alphacell Ltd. v. Woodward that the word "cause" is to be used in its ordinary sense in these provisions and it is not right as a matter of law to add further requirements.

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Legislation
  • Trade Effluent (Asbestos) (Scotland) Regulations 1993
    • UK Non-devolved
    • 1 de Enero de 1993
  • Trade Effluent (Registers) (Scotland) Regulations 1998
    • UK Non-devolved
    • 1 de Enero de 1998
  • Water Act 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ...... . (8) In this section ‘meter’ means any apparatus for. measuring or showing the volume of water supplied to, or of. effluent discharged from, any premises; and any reference in. this section to the fixing of charges in relation to any premises. by reference to volume is a ......
  • Rivers (Prevention of Pollution) Act 1951
    • UK Non-devolved
    • 1 de Enero de 1951
    ......shall not, by virtue of paragraph ( a . ) thereof, penalise the discharge. into a stream of any trade effluent or any effluent from. the sewage disposal or sewerage works of a local authority, if— .   . ( a . ) it is not reasonably practicable to dispose ......
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Books & Journal Articles
  • Toward a total-cost approach to environmental instrument choice
    • An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design
    • 223-241
    Most theories of environmental instrument choice focus exclusively on differential compliance costs. But compliance costs comprise only part of the total costs of environmental protection. Administ...
    ...... may offset the compliance cost advantages commonly associated with economic instruments, such as tradeable permits and effluent taxes. Moreover, measurement and monitoring constraints may increase ex ante uncertainty over the differential ......
  • Life cycle analysis and sustainability assessment of advanced wastewater treatment technologies
    • Núm. 15-2, Abril 2018
    • World Journal of Science, Technology and Sustainable Development
    • 169-185
    Purpose: Wastewater treatment plants (WWTPs) have long-time environmental impacts. The purpose of this paper is to assess the environmental footprint of two advanced wastewater treatment (WWT) tech...
    ...... emissions a ssociated with elect ricity production requ ired to operate the WWTPs , chemical usage, emissions to wa ter from treated effluent and heavy metal em issions from waste sludge applied to land are the major cont ributors for overall environmental imp acts. SBR is found to be the ......
  • THE CRIMINAL WASTE DISCHARGER1
    • Núm. 27-1, Febrero 1980
    • Scottish Journal of Political Economy
    ...... Here the firm is allowed to dis- charge effluent, provided it does not exceed a specified level, called the consent. Once this consent is exceeded the discharge becomes ......
  • Comments on paper by Daniel H. Cole and Peter Z. Grossman
    • An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design
    • 243-244
    ...... control, I found that it deals with monitoring and enforcement costs in the context of comparing effluent fees with command-and-control (Burrows, 1979, pp. 133-135). And, albeit with less rigour, the consideration ......
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Law Firm Commentaries
  • African mine victims entitled to sue holding company in the UK
    • LexBlog United Kingdom
    The English Court of Appeal has allowed Zambian citizens from the Copperbelt to sue the holding company of a Zambian mining company that allegedly caused pollution and environmental damage resultin...
    ......The processing and disposal of tailings and other effluent from a mine operated by the local mining company allegedly caused the pollution and environmental damage. The court applied the duty of care under ......
  • Domestic Septic Tanks – More Time To Comply
    • Mondaq UK
    ......, the owners of existing septic tanks can now, to a certain extent, relax and take some time formulating a plan to deal with their liquid effluent. Plans to upgrade septic tanks that discharge to surface water should consider the following options:. Connecting the residence to the mains ......
  • Application Of Integrated Pollution Prevention And Control To Waste Water Treatment
    • Mondaq United Kingdom
    ......In a specific example where beer effluent and milk effluent is pre-treated at a site 700 or 800 metres from the brewery and the milk processing plant from which it originates, before being ......
  • The Cost Of Non-Compliance
    • Mondaq UK
    ...... The company pleaded guilty to offences involving the release of untreated effluent into the River Thames at six sites in Oxfordshire and Buckinghamshire in 2013 and 2014. Factors which contributed to the severity of the fine ......
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