Summary of case
This appeal was about a variation by Wessex Water to an existing trade effluent consent it had in place with a commercial user. A variation to a trade effluent consent is essentially where a company varies the terms and conditions associated with an existing trade effluent consent.
Summary of Ofwat’s final decision
Following an investigation of the complainant’s appeal, we determined that in light of the legal framework of the Act and the evidence we gathered from the parties to the dispute, that Wessex Water’s variation to the trade effluent consent between itself and the Complainant is appropriate, and should stand.
Wider lessons for companies and customers
In accordance with section 126 of the Water Industry Act 1991 (the Act), owners or occupiers of any trade premises may appeal to Ofwat against a direction which varies trade effluent consent conditions but only where it is within two months of receiving the notice of the direction to vary consent conditions or, if at a later time, with our written permission.
On receipt of an appeal, we have the power to annul the direction given by the sewerage undertaker and substitute it for any other direction, whether more or less favourable to the appellant. Any direction we give may include provision as to the charges to be made for any period between the giving of the notice by the sewerage undertaker and the determination of the appeal.
Relevant Ofwat guidance
22 April 2020
1 April 2021
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