Summary of case
We opened an appeal against Severn Trent Water about a variation to an existing trade effluent consent.
This appeal was on hold from 22 November 2017 to allow the two parties’ time to enter into discussions in an attempt to potentially resolve the matter.
Summary of Ofwat’s final decision
As a result of the parties’ on-going negotiations, the appeal was subsequently withdrawn and we closed the case.
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.
If we decide to put a trade effluent appeal on hold, to allow the relevant parties’ time to enter into discussions in an attempt to resolve the issues, we expect the relevant parties to work together and to consider all available options to resolve the issues.
Relevant Ofwat guidance
21 November 2017
19 January 2018
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