EA and water firm face off in court

A water company has argued it does not need an EA licence to carry out work on its sewage treatment plants.

United Utilities Water plc v The Environment Agency

Judgement was issued this month in the case of United Utilities Water plc v The Environment Agency (EA). The claimant, United Utilities Water plc, was seeking a declaration of the Court to the effect that it was not required to apply to the EA for a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 in respect of work performed on six of its waste water treatment plants. The case therefore required consideration of whether the 2000 Regulations applied to the waste water treatment plants or whether, as United Utilities Water plc claimed, they only applied to limited, identified industrial activities and not waste water treatment. This also gave rise to consideration of whether sewage sludge was "waste" within the definition at Article 1(a) of the Waste Framework Directive (Directive 2000/60/EC) and if so, whether it was excluded under Article 2(b)(iv) of the WFD? Within the High Court decision, Mr Justice Nelson concluded that sewage sludge was "waste" and that waste water treatment was subject to regulation under the Pollution Prevention and Control Regulations 2000. However, he pointed out that the case raised "difficult questions of interpretation", therefore potentially leaving it open to the parties to appeal the case to the Court of Appeal.

http://www.bailii.org/ew/cases/EWHC/QB/2006/9.html


Tags



Topics


Click a keyword to see more stories on that topic, view related news, or find more related items.

Comments

You need to be logged in to make a comment. Don't have an account? Set one up right now in seconds!


© Faversham House Group Ltd 2006. edie news articles may be copied or forwarded for individual use only. No other reproduction or distribution is permitted without prior written consent.