This Practice Note looks at the key legislation in England and Wales for controlling and preventing water pollution and the associated offences.
Environmental Permitting Regulations 2016—pollution offence and environmental permits
The Environmental Permitting (England and Wales) Regulations (EPR 2010), SI 2010/675 repealed the main water pollution offence contained in section 85 of the Water Resources Act 1991 (WRA 1991) and revoked the Groundwater (England and Wales) Regulations 2009, SI 2009/2902. These offences are found in the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, which repealed and replaced EPR 2010 from 1 January 2017.
It is an offence under EPR 2016, SI 2016/1154, reg 38 to:
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operate a Regulated facility
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cause or knowingly permit the discharge of any poisonous, noxious or polluting matter, waste matter, trade effluent or sewage effluent to surface water (water discharge Activity), or
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cause or knowingly permit the discharge of a pollutant or other discharge that might lead to the input of a pollutant to groundwater (groundwater activity)
unless in accordance with an environment permit, or if the discharge is
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Environmental permit definition
What does Environmental permit mean?
Subject to certain exemptions, an operator requires an Environmental Permit in order to operate a regulated facility, such as a waste management facility, or to discharge to surface water or foul water, or to abstract water from controlled waters.
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