Summary of case
This appeal was about the refusal by South West Water to grant consent for a trade effluent application from an industrial user.
Shortly after opening the appeal we put it on hold to allow the parties’ to enter into discussions in an attempt to resolve the issues as it was clear that the parties had not exhausted all possible negotiations.
Summary of Ofwat’s final decision
Whilst the appeal was on hold negotiations took place between the two parties with a view to resolving the outstanding issues. As part of these negotiations, there were a number of issues which did not fall within Ofwat’s jurisdiction. As a result, we have closed this appeal but we have also notified the parties that, should the outstanding issues be resolved, the appeal can be resubmitted at a later point.
Wider lessons for companies and customers
In accordance with section 122 of the Water Industry Act 1991 (the Act), owners or occupiers of any trade premises may appeal to Ofwat against the refusal of an undertaker to grant consent for an application for trade effluent consent.
In respect of a refusal or failure to give consent, Ofwat may give the necessary consent, either conditionally or unconditionally, or subject to such conditions as we think fit to impose for determining any of the matters which the undertaker has power to impose under section 121 of the Act.
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 August 2017
27 March 2018
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