Advisory Leaflet on Drainage, Septic Tanks, Cesspools, Flooding and Legal Issues Environmental Control Service Public Protection Images courtesy of Klargester Ltd
Introduction The information in this leaflet is mainly for those people who have either a cesspool or septic tank drainage system. In rural areas it is quite usual for properties not to be connected to a mains drainage system. In these circumstances properties have to rely upon a private drainage system such as a cesspool or septic tank. These types of drainage systems are very effective, provided they are managed correctly. An average household will produce some 124,000 litres of waste each year. This is equivalent to emptying an 18,000 litre cesspool approximately seven times a year. Legislation Throughout this pamphlet references are made to various pieces of legislation. Although legal provisions are set out in statutes, over time they are examined by the courts and interpreted in decisions. The laws cited are merely overviews or main statutes. There is no case law and no judicial interpretations are listed. Some sections have been abbreviated to provide a simplified outline. Nothing cited should be relied upon in any formal proceedings. What Is A Cesspool? A cesspool is a sealed underground tank with an inlet pipe but no outlet, which is connected to a property by a series of drainage pipes. The cesspool stores sewage and other wastewater until the time of disposal. Cesspools must be watertight to prevent the leakage of foul water or the ingress of groundwater. Older cesspools will be constructed from brick, while modern ones are made of fibreglass. They should be sited so that there is no risk of pollution to groundwater, particularly to potable water supplies, and should be at least 15 metres away from any inhabited building and not less than 10 metres away from any watercourse. Cesspool users may use bleach and biological washing powders, which are not normally recommended for septic tank systems. Cesspools must be emptied frequently to prevent problems from overflowing. It is an offence for any person other than a competent contractor to pump out, or otherwise attempt to empty the contents of a cesspool. Image courtesy of Johnston Smith Consulting Ltd www.johnstonsmith.co.uk 1
Under the provisions of the Public Health Act 1936, it is an offence to allow a cesspool to overflow or leak. If this happens the owner is liable to prosecution by the local authority. In addition, if pollution of a watercourse happens, the Environment Agency, which is responsible for ensuring the quality of rivers is monitored and maintained, may take legal action under the Water Resources Act 1991. The penalty for allowing a polluting discharge is up to 20,000 and/or three months imprisonment. Consent to install a cesspool is not required from the Environment Agency, but consent may be needed under Building Regulations or Planning legislation. Further advice may be obtained from the local council. If you have a cesspool remember: Check the level in your cesspool regularly Have your cesspool emptied at frequent intervals Check for any leakage or ingress of groundwater What is a Septic Tank? A septic tank is a complete mini sewage system in which effluent is treated naturally. The primary purpose of the tank is to separate solids from the liquids, as wastewater flows through it, and to help to break down contaminants. There may be three layers in the tank: a scum layer of floating solids the liquid sewage from which solids are settled out a bottom sludge layer which is digested to some extent by naturally occurring bacteria. The most commonly used septic tanks are the traditional type. This is a two or three chamber system, or the modern system which, this is one large bottle type system. Both types work exactly the same way. Sewage and other grey wastewater (sink, bath, washing machine or dishwasher water) enter the tank via an inlet pipe. The tank retains sewage from a property for a sufficient amount of time to allow the solids from the sewage to be broken down by bacteria, forming a crust on the top of the effluent and a sludge at the base of the tank. The sludge in the tank needs to be removed only when necessary usually once a year. If the tank is not emptied periodically, too many solids will flow into the drainage field, this could eventually leading to clogging/blocking of the outlet pipe. The emptying of the tank should be carried should be out by a licensed contractor. Some sludge should remain in the tank as a seed to aid the establishment of anaerobic digestion. This is the process that helps to break down the solids. It has been known for septic tank owners to completely empty and flush out a tank, but this will only result in increased pollution and rapid refilling of the sludge tank because the bacterial action will not work properly. 2
It is important not to let roof or surface water enter the tank, as this will affect the process. Solid matter will not be effectively digested and this could cause the drains to block, and/or raw, gross sewage to enter drainage systems, or in some cases block soakaways. The remaining untreated liquid in the tank then drains from the tank by means of an outlet pipe to a soakaway. Septic tanks like cesspools should be watertight and adequately ventilated. Under the Public Health Act 1936, it is an offence to allow a septic tank to overflow or leak. If this happens, the owner is liable to prosecution by the Local Authority. The most commonly used form of soakaway is a sub-surface irrigation system, this is a network of drains which have perforations in them to allow the liquid to trickle out into the surrounding ground. Another form of soakaway, which also uses the sub-surface irrigation method, comprises a herringbone pattern formation of land drains laid in shallow, shingle filled trenches. The soakaway drains are usually located within 1 metre of the ground surface. It is not considered good practice to discharge septic tank effluent directly to a ditch or watercourse. Septic tanks and soakaways should not be sited not less than 10 metres from any ditch or watercourse and preferably not closer than 15 metres to any dwelling. All new soakaways or improvements to existing soakaways require the prior consent of the Environment Agency. Modern septic tanks often have an ultra violet disinfection system incorporated into the final discharge pipe. In the case of older septic tank systems the practice of using a soakaway system to discharge the liquor was not always adopted. In these cases liquor discharges into nearby drainage ditches. These can become odorous and unpleasant. Complaints about such direct access are many but enforcement solutions for established users are not a usual or preferred option. Gross contamination will be investigated and formal action 3
may be used to require improvements where the officer can prove the existence of a statutory nuisance. Indicators of problems with your Septic Tank: a smell of sewage in the area slowly draining sinks, toilets, baths etc polluted water in a ditch or watercourse overflowing from the inspection cover surface flooding downstream of the tank nettles and vigorous plant growth downstream A few things to remember: Do: Put all wastewaters from your home into the system-any of these can contain environmental pollutants. All roof and surface water should discharge directly into a ditch or watercourse. Only use bleaches and disinfectants sparingly. These could kill the useful bacteria that help to digest the waste in your septic tank. Some brands of domestic cleaner are septic tank friendly and are preferred. Try to avoid excessive discharges from washing machines, use the halfload setting. If possible use showers instead of baths. Inspect the system at least once a month. Desludge the tank at least once a year. Ensure that air vents are not blocked, and all covers are secured and are easily accessible. Act immediately if you find a blockage or any sign of pollution. Do Not: Use your toilet or kitchen sink as a bin. Put disposable nappies, sanitary items, plastic or other large solids, which may cause blockages. Empty chemical toilets into the drains of the septic tank. 4
Pour paints, solvents, oils, fats or heavy greases into the drains of the septic tank, these should be kept in their original containers and disposed of properly. Allow roof or surface water into the septic tank. Excessive discharges into the tank will flush solids through before adequate digestion has taken place. Additional Information Groundwater Protection Code The code is made under Regulation 21 of the Groundwater Regulations 1998. It is aimed at people who own, install, operate, empty, maintain or decommission small, non-mains sewerage operations serving individual properties and small developments. The type of systems considered include septic tank systems, cesspools, package treatment plants, reed beds and waterless toilets. The primary legislative provisions protecting groundwater in England and Wales are the Water Resources Act 1991 and the Groundwater Regulations 1998. The Act makes it an offence to cause or knowingly permit pollution of groundwater and provides the Environment Agency with powers to address pollution. Non-mains systems can pollute groundwater (all water lying below the water table or in aquifers) if they are poorly located, built or operated. Septic tanks and the soakaway area should be sited not less than 10 metres from any ditch, drain or watercourse and preferably not closer than 15 metres to any dwelling. Septic tanks and soakaways should not be installed in the vicinity of any well or borehole. The minimum distance required will depend on specific site conditions but should generally be located a minimum of 50 metres from a potable water supply borehole or spring. Environment Agency consent may be required for a discharge to a soakaway, this is made under the Water Resources Act 1991 in England and Wales. Potential pollution problems can impact on private and public space, groundwater abstractions and surface water in rivers and streams. Such pollution can make water unusable for drinking water and toxic to aquatic life. Once contaminated, groundwater is very difficult and expensive to make good. Section 101a of the Water Industry Act 1991 places a duty on sewerage undertakers (for the East Riding of Yorkshire area this is Yorkshire Water plc) to provide a public sewer for those premises where the existing arrangements are causing, or may cause risk to the environment. This means that, for example, if a septic tank can no longer function properly because of rising groundwater, the owner of the premises may be able to apply to the sewerage undertaker to be connected to the mains sewerage network if this option is available. 5
Riparian Ownership, Internal Drainage Boards and Land Drainage Who is a Riparian Owner? Under common law you are the riparian owner of any watercourse within or adjacent to the boundaries of your property. Where a watercourse is sited between two or more property boundaries each owner may be equally responsible. What are a Riparian Owner's Rights? A riparian owner has the right to protect his or her property against flooding from the watercourse and also to prevent erosion of the watercourse banks or any structures. What are a Riparian Owner's Responsibilities? As a riparian owner your responsibilities include the maintenance of the bank and bed of your section of watercourse, including trees and shrubs growing on the banks, in order to avoid any obstruction of flow in the watercourse. Clearing any debris, natural or otherwise, including litter etc, even if it did not originate from your land. But it's outside of my fence! A property owner has riparian responsibility for an adjacent watercourse, even though it may be outside of the garden fence. Fences are often erected by builders to 'blot out' the ditch at the bottom of the garden, or by residents for their own security purposes. Image courtesy of Havant Borough Council www.havant.gov.uk Even if the Title Deeds for a property show the boundary to be the fence or hedgeline, they have riparian rights and responsibilities to the centre of the watercourse. 6
What are the most common problems affecting watercourses? Failing to keep vegetation growth under control Failing to obtain consent for any building, planting or alterations within nine metres of the bank Disposal, storage or fly tipping of garden or domestic rubbish, waste etc. on the banks or into the watercourse Unauthorised piping or culverting of the watercourse Riparian Owners and the Law Your responsibilities as a riparian owner are based on legislation. The principle legislation is summarised below: The Public Health Act 1936. Environmental Protection Act 1990 The Land Drainage Acts of 1991 & 1994. Water Resources Act 1991. National Rivers Authority (now the Environment Agency) Land Drainage Byelaws 1981. Implementation of Legislation In an effort to reduce the risk of flooding the council aims to improve and maintain an effective watercourse system through a process of co-operation, liaison, advice and assistance wherever possible. Enforcement of legislation will only be used where necessary to resolve problems. Roadside Ditches The ditches alongside roads are very rarely the responsibility of the Highway Authority. They are more usually the responsibility of the adjacent landowner (quite often a farmer) but on certain larger channels the Environment Agency or local Internal Drainage Board may undertake the maintenance of these ditches. Therefore, if a ditch is blocked and is filling up with water and causing flooding the council will first contact the landowner to ask them to fulfil their responsibilities as Riparian Owners to keep their ditches clear. In come circumstances the council will consider emergency action. In rural areas, surface water is often dealt with by discharge onto adjacent verges, often using grips (shallow channels cut into the verge). Flooding Situations Taking into account the information above, the council provides an emergency response 7
service. In these circumstances, it is important to know more information, to help to prioritise the demands. Information on whether property is directly threatened and whether water levels are rising or static is important. In the case of severe flooding and emergencies, the council s Emergency Planning Section will want to have as much information as possible. The council s flood line is (01482) 395739 Highways Customer Care Line Tel: 0845 6001666 Email: highways.customer.care@eastriding.gov.uk Alternatively you can contact: Environment Agency Floodline: 0345 988 1188 or, Incident Hotline: 0800 807060 Advice on flooding has been produced by the Environment Agency https://www.gov.uk/prepare-for-a-flood/find-out-if-youre-at-risk HEALTH ADVICE FOR HOMES FLOODED WITH CONTAMINATED WATER This general advice has been compiled in consultation with the Environment Agency, the Public Health Laboratory Services, the Chartered Institute of Environmental Health and the Area Health Authority. - Do not enter the premise until floodwaters have fully subsided. - Switch off electrical circuits and do not use until checked out by the Electricity Company or qualified electrician. Make sure all appliances are switched off before electricity is restored. - Do not operate any gas appliance until a certified gas engineer has checked them. - Work out a step-by-step action plan to: 1 Rinse all water, mud and other debris. 2 Rinse away contamination inside the house. 3 Remove the rinse water. 4 Disinfect and dry out your house and salvageable possessions. - Open your doors and windows to ventilate your home. It takes a brick about an inch a month to dry out. 8
- When it recedes, the floodwater will leave a muddy deposit. Although risks to health are small the deposits are likely to contain some bacteria and viruses which may cause illness if a few simple precautions are not taken. - Health risks can be minimised by taking general hygiene precautions and by the use of protective clothing (waterproof boots and gloves) whilst cleaning up. - Keep open cuts and sores clean and prevent them being exposed to flood water. Wear waterproof plasters. - Do not let young children play on affected grassed and paved areas until they have been cleaned down to remove debris and dried out. Wash floodwater contaminated toys with hot water or disinfectant before allowing them to be used. - Very young children should avoid playing directly on timber floorboards or any damaged tiled floors if possible be aware of the risk of injury from sharp edges on tiles or raised nails in floorboards until these have been repaired. - Sunlight will help to destroy harmful bacteria and any excess risk to health should disappear completely in a week or so. - Always wash your hands before eating or preparing food. - Contact your doctor if you feel ill and make him aware that you house was flooded. - Do not be tempted to salvage damaged food, including tins as they may be contaminated with sewage or chemicals left from the floodwater. - Although health risks are small, do not eat garden or allotment vegetables that have been covered by floodwater. - All food preparation surfaces, equipment, crockery, etc must be cleaned and disinfected before any food is prepared. - Clean surfaces with hot water and detergent and finally disinfectant with a solution of bleach (5ml of bleach to 1 litres of water). Alternatively use a detergent and follow manufacturer's instructions. - Thoroughly clean any taps that may have been contaminated and run them for 10 minutes to flush the water system through. If you notice a change in water quality, such as the water becoming discoloured or there is a change in taste or smell, or you are unsure ring Yorkshire Water on 0345 1242424. If in doubt boil all water intended for drinking or use bottled water. 9
- Pervious items such as soft furnishing, curtains, carpets, sofas, etc should normally be discarded. Clothing, bedding and soft toys may be retrieved by laundering on a hot wash, 60 o C will destroy most harmful organisms. - Floodwater sometimes contains small amounts of oil, diesel, etc. This should in the main, be removed with the floodwater silt. Any remaining oil, diesel etc in accessible areas can be removed using a detergent solution and wash the surface down after initial cleaning has been carried out. - If you have any concerns about the structural safety of your home contact the Council s Building Control Officer for your area who will advise you. (Tel 0845 026 8969). - FINALLY. Both physical stress associated with over exertion in cleaning up premises and mental stress caused by temporary relocation may make you feel unwell. Indeed the major health hazard of floods comes from the stress and strain of the event, not infection. If you feel unwell this does not necessarily mean that you are suffering from any infection. If you are concerned visit your doctor. Useful websites Association of British Insurers: Flooding Association of British Insurers: Flooding - Provision of insurance CIRIA - Repair and restoration of buildings following floods Flood Hazard Research Centre Health Protection Agency - Public health implications of flooding National Flood Forum Department for Environment, Food and Rural Affairs (DEFRA) - Flood management 10
Internal Drainage Boards A drainage board has powers to undertake works on any watercourse within its district, other than a 'main river', but it is more likely that 'main watercourses' will have been designated by the board. These form the major network into which other 'field' ditches, maintained by the landowner/farmer, discharge. Large boards engage full-time administrative and technical staff, while the smaller boards contract work out or belong to a group of boards managed under a consortium arrangement. The Land Drainage Acts 1991 and 1994 provide for:- general supervision over all aspects of land drainage within the district improving and maintaining the drainage system, including the operation of pumping stations regulating activities in and alongside the drainage system, other than on those waterways designated as main river and under the Environment Agency's control duties to conservation raising income to support land drainage works. Legislation Public Health Act 1936 Section 50 The local authority can take action against any person who has caused by their actions, default or sufferance, a septic tank, settlement tank or cesspool to leak or overflow. They may require the person to carry out repairs or to periodically empty the tank. Public Health Act 1936 Section 259 The local authority can take action against any person who has caused by their actions to make any pond, pool, ditch or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance. Default action cannot be carried out by the local authority without the prior consultation of the internal land drainage board. Public Health Act 1936 Section 260 The Parish Council has extensive powers to deal with any pond, pool, ditches and similar, containing or used for the collection of, any drainage, filth, stagnant water or matter likely to be prejudicial to health, by draining, cleansing or doing other works and to contribute to the expenses of people undertaking such work. 11
Water Resources Act 1991 The Environment Agency have powers under the Water Resources Act 1991- Section 85 to prosecute anyone causing or knowingly permitting pollution of any watercourse, stream, river, lake or any groundwater. Building Act 1984 Section 59 The local authority may require the owner or occupier of a building to carry out remedial works where a septic tank, settlement tank or cesspool is: insufficient, in such a condition as to be prejudicial to health or a nuisance or so defective that groundwater leaks into it. Environmental Protection Act 1990 Section 79 The local authority can take action against any owner or occupier of a premise that is in such a state as to be prejudicial to health or a nuisance. * * * * * * * For further information please contact your local Environmental Health Officer at the following address or use the telephone number below asking for the appropriate office: BEVERLEY DISTRICT Public Protection Division County Hall Cross Street Beverley HU17 9BA Telephone 01482 396301 BRIDLINGTON DISTRICT Public Protection Division Town Hall Quay Road Bridlington YO16 4LP Telephone 01482 396301 GOOLE DISTRICT Public Protection Division Council Offices Church Street Goole DN14 5BG Telephone 01482 396301 12