Water Resources Act 1991

Surface water drains are used to discharge rainwater from sites into controlled waters (including to groundwater via soakaway). Such drains are an important pathway for carrying spillages into controlled waters. These discharges receive no form of treatment and as a result many major pollution incidents occur from pollutants travelling down surface water drains each year.

Such pollution will normally constitute a breach of Section 85 of the Act, under which it is an offence to:

"cause or knowingly permit any poisonous, noxious or polluting matter, or any solid waste to enter controlled waters."

Therefore, particular care is required when storing, handling or disposing of potentially hazardous or polluting substances on site in the vicinity of controlled waters, or surface water drains.

Companies wishing to discharge trade effluent into surface water drains or soakaways, must obtain a consent from the Environment Agency. This will set limits on the amount, location and type of substances which may be discharged in order to prevent environmental damage.

The Water Resources Act is one of the most often contravened pieces of legislation on the sites of furniture manufacturers. Unconsented discharges to surface water drains can result in fines of up to £20,000 &/or 3 months in prison. In cases taken to the Crown Court, such fines may be unlimited.