OFW0016791 and OFW0016796
Summary of case
These appeals were about the refusal by Wessex Water Limited to grant consents for trade effluent applications from an industrial user.
Shortly after opening the appeals we put them 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 appeals were 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 these appeals but we have also notified the parties that, should the outstanding issues be resolved, the appeals 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.
The relevant sections of the Water Industry Act 1991 associated with trade effluent
Relevant Ofwat guidance
Ofwat – Trade Effluent Appeal Guidance
31 July 2017
27 March 2018
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