Environmental agency binding rules for septic tanks and cesspits

Septic tanks

Septic tanks work extremely well – often lasting 20+ years. Households over the years have been completely satisfied and would not want to change the system; they work by three significant processes, initial separation of solids from liquids, limited bacteriological action, and absorption. Septic tanks should have a minimum of two chambers (or a single chamber divided by a separation wall with dip pipes). Septic tanks are mainly being phased out in favour of treatment plants.

Treatment Plants are often recommended now, and tanks can sometimes be upgraded. This is well worth doing, treating the water to a standard that can be discharged into ditches, rivers, and streams. It’s been my experience that customers are more comfortable with a quality treatment plant with a well-known brand name. Whichever system you choose to go with you do need to understand the rules. 

What rules?

If you own or are looking to buy a property with a private sewage system, then you should be aware of the relevant regulations.  

It is an offence to discharge sewage into ground or surface waters without an environmental permit. However, most domestic sewage discharges are exempt, provided certain requirements are met.

The current law is to be found in the Environmental Permitting (England and Wales) Regulations 2016 (“the Regulations”) which came into force on 1 January 2017 and consolidate earlier regulations. The Regulations specifically refer to the General Binding Rules for small sewage discharges (“the General Binding Rules”). 

The General Binding Rules

• The General Binding Rules were first introduced on 1 January 2015.   The General Binding Rules consist of the conditions contained in the Regulations and the technical requirements specified by the Environmental Agency in guidance to operators. 
• The operator is the person who has control over the operation of the septic tank or sewage plant (“the system”).   This could be the owner of the system, someone who uses it (e.g. a neighbouring landowner) or another person who has agreed to be responsible for the maintenance of the system in a written agreement (e.g. a tenant). 
• The General Binding Rules were designed to simplify the regulation of small sewage discharges.  Septic tanks and small sewage treatment plants no longer need to be registered and there is no legal requirement to keep records of maintenance (although this is advisable).    

Key Points

• 

  After a successful test, you can discharge up to 2 cubic metres per day to the ground (e.g. back garden) using either a septic tank or small sewage treatment plant.  The Environment Agency has published a calculator for householders to work out the daily discharge.
• You can discharge up to 5 cubic metres per day to surface water (e.g. river or stream) but you can only use a small sewage treatment plant not a septic tank. Historic septic tanks that discharge to surface water must be replaced or upgraded by 1 January 2020.  You will need to replace or upgrade the system before this date or if you sell the property.

 
If you have an old septic tank, a cesspool with a discharge or a clinker bed treatment system discharging into a watercourse, this must be registered with the environment agency.

Warning… homebuyers survey may reveal:

• The property may have a sewage system that is completely out of date which will need an expensive upgrade.
• The property may have the completely wrong system.
• The system may be discharging into an area which has changed over the years, causing pollution.
• The system may not meet the new regulations or meet the binding rules.
• The house has a cesspit that has an illegal, unlawful discharge, to be capped off, the ground is nonporous made of solid clay, polluting the nearby woods.

If the ground is not suitable for an old, existing septic tank, i.e. there is no room for land drains, no main drains, or nowhere to discharge from a treatment plant, the only option for the sewage disposal May end up using a sewage tanker, regularly from the property.

Why not a cesspit?

A cesspool or cesspit is typically around 18,000 litres. It is a huge tank for storing raw household sewage. It is below ground and watertight; no discharge is allowed.

Choosing a cesspit is your legal right, although not recommended.

A cesspit does not need an environmental exemption, a permit from the environment agency, or registration, although it does need a building notice. It is containment only, which will require emptying every 9 to 13 weeks, depending on usage, size of family, etc. To serve a modern family, cesspits are only installed when nothing else is available or possible.

Our typical charge to install a 4000-gallon cesspit is more than £25,000.00 plus VAT.
This does not include sheet piling, de-watering and mucking away.
This is, of course, subject to a test hole and a proper detailed estimate.

Cess Pits for a house with a family of five

1. The minimum requirement, as per building regulations, is 4,000 gallons.
2. Although you are allowed to have a cesspit, it’s not recommended as it is containment only, and needs to be emptied every 8-13 weeks. It can be a shorter or longer period, depending on usage.
3. In the future, when you sell your house, a cess pit will probably devalue the property by £20,000. In our experience, buyers avoid houses with cesspits because of the high maintenance costs.
4. To carry out the installation of a cesspit is currently around £35,000.00 plus VAT, subject to a survey and access. The price does not include de-watering if it were necessary.
5. One of the most important decisions is choosing the right sewage disposal system for your home or site. The choices of solutions are quite varied, and many factors must be considered, including current legislation and any potential environmental impact.

A survey of a private drainage system is financially vitally important, if you are purchasing a house which is not connected to the main sewer.

If you are selling a house with a private sewage system, the vendors can prepare for the sale, and may be able to increase the value of the property, or the purchase price by having a survey carried out with a full report of our findings. Both parties will be able to make an informed choice i.e. it may be possible to revise/reconsider the purchase price or offer, as well as gaining knowledge.

It would also be possible to organise and plan when to move in or out, whether to have any work required carried out prior to moving in, or, in the worst-case scenario, walk away from the deal. If the drainage survey reveals the wrong system has been installed or is out of date, and it could cost 10,000 or £20,000 to replace it, with enormous disruption, a decision can be made whether to go through with the purchase at all.

Failing to prepare is preparing to fail

A prospective vendor may choose to prepare for the sale because of a professional, in-depth visual inspection of the private sewage system. Our report provides an expert account, validating the condition of the system and highlighting any problems in a clear and easy-to-understand written and verbal report.

If you would like some advice about getting a house purchase drainage survey please call 0808 253 2258 and we will be happy to help.