The Sewerage Nuisance (Code of Practice) (Scotland) Order 2006

JurisdictionScotland
CitationSSI 2006/155
Year2006

2006 No. 155

WATER INDUSTRY

The Sewerage Nuisance (Code of Practice) (Scotland) Order 2006

Made 15th March 2006

Laid before the Scottish Parliament 16th March 2006

Coming into force 22th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 25(1) and (3) and 34(2) of the Water Services etc. (Scotland) Act 20051and of all other powers enabling them in that behalf, and after consultation in accordance with section 25(8) of that Act with Scottish Water, every local authority and such other persons as they consider appropriate, hereby make the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Sewerage Nuisance (Code of Practice) (Scotland) Order 2006 and shall come into force on 22nd April 2006.

S-2 Code of Practice

Code of Practice

2. The Code of Practice set out in the Schedule to this Order shall have effect for the purposes of sections 25 and 26 of the Water Services etc. (Scotland) Act 2005.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th March 2006

SCHEDULE

Article 2

Code of Practice on Sewerage Nuisance – Assessment and Control of Odour from Waste Water Treatment Works

SCH-1.1

1. Interpretation

In this Code of Practice:–

“existing WWTW” means WWTW in operation on 22nd April 2006;

“new WWTW” means any WWTW coming into operation after 22nd April 2006;

“OIP” means an Odour Improvement Plan containing a systematic evaluation of the sources and causes of odour nuisance and a review of all available control options to develop a plan detailing the proposed measures to mitigate the odour nuisance that reflect the best practicable means for control of odour at the particular WWTW as detailed in paragraph 10;

“OMP” means an Odour Management Plan, being a core document which is intended to detail operational and control measures appropriate to management and control of odour at the WWTW as detailed in paragraph 6;

“odour nuisance” means smells and discharges emanating from, or present at, any part of the public sewerage system so as to be prejudicial to health (that is to say, injurious, or likely to cause injury, to health) or a nuisance;

“p.e.” means “population equivalent” and is a measurement of organic biodegradable load, and a population equivalent of 1 (1 p.e.) is the organic biodegradable load having a five day biochemical oxygen demand (BOD5) of 60g of oxygen per day, the load being calculated on the basis of the maximum average weekly load entering the WWTW during the year, excluding unusual situations such as those due to heavy rain;

“relevant local authority” means the local authority in whose area the WWTW is located;

“sewage treatment works” has the same meaning as in section 59(1) of the Sewage (Scotland) Act 19682, but does not include a pumping station except where that station is situated at the same location as other plant, works or equipment at which sewage is subject to physical or biological treatment; and

“WWTW” (Waste Water Treatment Works) means sewage treatment works which are (either or both)–

(a) vested in Scottish Water; or

(b) used by Scottish Water (or a person acting on its behalf or under its authority) in connection with the exercise of Scottish Water’s core functions as respects the provision of sewerage or disposal of sewage.

SCH-1.2

2. Application of the Code

(1) This Code of Practice applies for the purposes of assessing, controlling and minimising odour nuisance.

(2) This Code of Practice applies to all new and existing WWTW.

SCH-1.3

3. Objective of the Code

(1) The objective of this Code of Practice is to apply the best practicable means for assessing, controlling and minimising odour nuisance.

(2) Without prejudice to sub paragraph (1), this Code of Practice applies the best practicable means to control odour emissions from contained and fugitive sources to ensure that emissions do not create an odour nuisance beyond the boundary of the WWTW.

SCH-1.4

4. Compliance

The circumstances in which Scottish Water or any other person to whom this Code of Practice applies is to be regarded as complying with it are that–

(a) the requirements of paragraphs 6 to 9 are met;

(b) in cases where an odour nuisance exists and the requirements of sub paragraph (a) have been met, an OIP in accordance with paragraph 10 has been prepared;

(c) the measures that represent the best practicable means for the control of odour, as defined in the OIP, are implemented within the timescales contained in the OIP to ensure that emissions do not create an odour nuisance beyond the boundary of the WWTW;

(d) all odour abatement equipment to which paragraph 13 applies meets the requirements of that paragraph; and

(e) any relevant compliance dates specified in paragraph 15 are met.

Baseline Control Measures

Baseline Control Measures

SCH-1.5

5. The requirements in paragraphs 6 to 9 shall apply to all WWTW.

SCH-1.6

6.—(1) Subject to sub paragraph (5), an OMP shall be prepared for each WWTW and this shall detail operational and control measures appropriate to management and control of odour at the WWTW and shall–

(a)

(a) include the documented complaints administration procedure prepared in accordance with paragraph 7;

(b)

(b) describe the best practicable means relevant to the particular WWTW for the implementation of the measures listed in paragraph 8; and

(c)

(c) outline procedures for training staff and documenting training records in accordance with paragraph 9.

(2) The procedures and practices included in the OMP shall be adopted and implemented at the WWTW at all times and the format of the OMP should provide sufficient detail to allow operators and staff to clearly understand the operational procedures for both normal and abnormal conditions.

(3) The OMP shall be regularly reviewed and updated as new equipment or plant is installed, existing plant is substantially upgraded and when new policies, practices or procedures are adopted and shall, in any event, be reviewed at least once in any 12 month period.

(4) The OMP may be produced in three phases as follows–

(a)

(a) a Phase I OMP, which will be generic and shall include the following information:–

(i) a summary of the WWTW location, odour sources, treatment process overview and location of sensitive receptors;

(ii) details of the WWTW management responsibilities and procedures for reporting faults, identifying maintenance needs and replenishing consumables;

(iii) a complaints reporting procedure;

(iv) arrangements for the inspection and maintenance of plant and equipment (both routine and in an emergency);

(v) spillage management procedures;

(vi) operator training provisions;

(vii) record keeping, including information about the format of, and responsibility for completion and location of, records;

(viii) emergency breakdown and incident response planning, including responsibilities and mechanisms for liaison with the relevant local authority;

(ix) the documented complaints administration procedure prepared in accordance with paragraph 7; and

(x) procedures for training staff and documenting training records in accordance with paragraph 9;

(b)

(b) a Phase IIOMP which, in addition to the matters specified in sub paragraph (a), shall include generic operational and management procedures relevant to odour management for the odour control measures and the plant and equipment necessary to meet the requirements of paragraph 8; and

(c)

(c) a Phase IIIOMP which, in addition to the matters specified in sub paragraphs (a) and (b), shall include detailed operational and management procedures relevant to odour management specific to the odour control measures and the plant and equipment used at that particular WWTW necessary to meet the requirements of paragraph 8.

(5) No OMP shall be required for WWTW with a capacity of 500 p.e. or...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT