On 17/08/2018 10:57, NY wrote:
> "Nightjar" <
c...@bignell.me.uk> wrote in message
> news:fbmdndPA6bAOJujG...@giganews.com...
>> On 16/08/2018 16:55, NY wrote:
>>> "Nightjar" <
c...@bignell.me.uk> wrote in message
>>> news:a8mdneQnuuA2B-jG...@giganews.com...
>> ...
>>>> There is absolutely no requirement to modify existing plants. All
>>>> existing plants, no matter how old, can be left exactly as built.
>>>> The requirement is that you must ensure that the outflow from the
>>>> plant does not contaminate a waterway.
>>>
>>> Which may amount to the same: you may need either to modify your
>>> plant so its output is cleaner, if it discharges into a waterway, or
>>> else you may need to modify where the unmodified outflow goes
>>> (soakway rather than waterway). One way or the other you may need to
>>> pay, even though your system met the relevant standards when it was
>>> installed.
>>
>> The result may well be that you need to spend money to clean up the
>> outfall, but that does not constitute a retrospective application of
>> current standards to the plant itself.
>
> I think you might be splitting hairs (*) here.
I am arguing a legal point, which is probably much the same thing.
> If you need to clean up
> the outfall (or direct the outfall elsewhere), having not been required
> to previously, then that is retrospective application of a modern
> standard onto an old system. Where you make the boundary between "the
> plant" and "the outfall" doesn't really matter.
The assertion was that this created a precedent for retrospective
building standards. I am saying that, as it does not apply to all septic
tanks* it does not create a precedent. However, in line with other
environmental legislation, it does mean that some previously acceptable
installations have to be modified.
*in fact the numbers are probably relatively few - it has been a long
time since direct discharge into an open waterway has been permitted.
> (*) Or "splitting hares" as I saw someone write, which conjures up the
> image of someone attacking a jack or a jill with a cleaver :-)
--
--
Colin Bignell