Guidance

Temporary discharge of water unfit for supply from water undertaker treatment and supply assets: RPS 280

Environment Agency regulatory position on the temporary discharge of water unfit for supply from water undertaker treatment and supply assets.

• From: Environment Agency
• Published: 17 April 2024
• Last updated: 9 June 2026
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  1. 9 June 2026

     We have changed the title to make it clearer that this RPS is for water undertakers only and clarified in the 'Things to note' section what qualifying discharges are under Water Industry Act S165(1) and how to apply for a S166 consent. We have updated this RPS to the latest template. The RPS will be reviewed by 1 April 2028.

  2. 17 April 2024

     First published.

Applies to England

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Temporary discharge of water unfit for supply from water undertaker treatment and supply assets: RPS 280

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This regulatory position statement (RPS) does not change your legal requirement to have and comply with a water discharge activity permit when you have a temporary discharge of out of specification water from water treatment and supply assets to surface waters.

However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.

This regulatory position does not apply to any other legal requirements.