Statutory guidance

General binding rules for small sewage discharges (SSDs) with effect from 2 October 2023

Updated 2 October 2023

Applies to England

• Publication for Northern Ireland
• Publication for Scotland
• Publication for Wales

This guidance sets out the statutory general binding rules which will apply to SSDs from 2 October 2023. It includes two additional rules (22 and 23) which you must also meet if your discharge started on or after 2 October 2023.

The following general binding rules apply to all small sewage discharges

Rule number	Discharges to surface water	Discharges to ground	General binding rule
1	No	Yes	The discharge must be 2 cubic metres or less per day in volume.
2	Yes	No	The discharge must be 5 cubic metres or less per day in volume.
3	Yes	Yes	The sewage must only be domestic.
4	Yes	Yes	The discharge must not cause pollution of surface water or groundwater.
5	No	Yes	The sewage must receive treatment from a septic tank and infiltration system (drainage field) or sewage treatment plant and infiltration system.
6	Yes	No	The sewage must receive treatment from a sewage treatment plant.
7	No	Yes	The discharge must not be within a groundwater source protection zone 1 or within 50 metres from any well, spring or borehole that is used to supply water for domestic or food production purposes.
8	Yes	No	For discharges in tidal waters, the discharge outlet must be below the mean spring low water mark.
9	Yes	Yes	All works and equipment used for the treatment of sewage effluent and its discharge must comply with the relevant design and manufacturing standards, meaning the British Standard that was in force at the time of the installation, and guidance issued by the appropriate authority on the capacity and installation of the equipment.
10	Yes	Yes	The system must be installed and operated in accordance with the manufacturer’s specification.
11	Yes	Yes	Maintenance must be undertaken by someone who is competent.
12	Yes	Yes	Waste sludge from the system must be safely disposed of by an authorised person.
13	Yes	Yes	If a property is sold, the operator must give the new operator a written notice stating that a small sewage discharge is being carried out, and giving a description of the waste water system and its maintenance requirements.
14	Yes	Yes	The operator must ensure the system is appropriately decommissioned where it ceases to be in operation so that there is no risk of pollutants or polluting matter entering groundwater, inland fresh waters or coastal waters.

For a discharge that was started on or after 1 January 2015, the following general binding rules also apply

Rule number	Discharges to surface water	Discharges to ground	General binding rule
15	Yes	Yes	Discharges must not be within 30 metres of a public foul sewer.
16	Yes	Yes	For discharges, the operator must ensure that the necessary planning and building control approvals for the treatment system are in place.
17	Yes	No	Discharges must not be in or within: 500 metres of a Special Area of Conservation (SAC), Special Protection Area (SPA), Ramsar site, biological Site of Special Scientific Interest (SSSI), freshwater pearl mussel population, designated bathing water, or protected shellfish water; 200 metres of an aquatic local nature reserve; 50 metres of a chalk river or aquatic local wildlife site.
18	No	Yes	Discharges must not be in, or within 50 metres of, a Special Area of Conservation (SAC), Special Protection Area (SPA), Ramsar site, or biological Site of Special Scientific Interest (SSSI), and must not be in an Ancient Woodland.
19	Yes	No	Discharges must be made to a watercourse that normally has flow throughout the year.
20	Yes	No	For discharges, any partial drainage field must be installed within 10 metres of the bank side of the watercourse.
21	Yes	No	Discharges must not be made to an enclosed lake or pond.

For a new discharge that started on or after 2 October 2023, the following two general binding rules also apply

Rule number	Discharges to surface water	Discharges to ground	General binding rule
22	Yes	Yes	A new discharge shall not use the same outlet as any other discharge if the combined volume of those discharges would exceed the volumetric general binding rules thresholds for groundwater or surface water.
23	Yes	Yes	A new discharge shall not be made to a discharge point within 50 metres of any other exempt groundwater activity or water discharge activity.

Explanatory note

General binding rules is a term given to legally binding requirements in regulations that set the minimum standards or conditions which apply. In this case the conditions are set in the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014, now consolidated in the Environmental Permitting (England and Wales) Regulations 2016, and the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023.

The general binding rules consist of the conditions together with technical requirements specified by the Environment Agency in guidance to operators, compliance with which is part of the conditions. These apply to anyone who has a septic tank or sewage treatment plant that makes a small sewage discharge.

The general binding rules set out the conditions that septic tanks and sewage treatment plants need to meet in order to be used without an environmental permit.

Check how to follow the general binding rules if you are the operator of a septic tank or small sewage treatment plant.