The Evolution Of Septic Tank Legislation: A Historical Perspective

The history of septic systems is a long and winding one, with the first septic tank believed to have originated in France and credited to Jean-Louis Mouras in the 1860s. Early American septic systems were made of concrete or steel, and by the 1940s, septic systems were found across the country. However, it wasn't until the 1950s that the British Standard for septic tanks was introduced, and even later, in 2015, that new legislation came into force regarding septic tanks. This new law prohibited discharging directly from a septic tank into any water source and included sanctions for non-compliance. So, while septic tanks have been around for over a century, the laws and regulations surrounding them are much more recent.

Septic tanks became law in 2015, with sanctions for non-compliance coming into force in 2020

Septic tanks have been around in various forms for centuries, but it was only in 2015 that they became subject to dedicated legislation in the UK. This new law prohibited the direct discharge of wastewater from septic tanks into any water source.

The 2015 legislation was a response to growing concerns about groundwater pollution caused by septic tanks, particularly in areas with high population densities. While septic tanks are a simple and effective solution for sewage treatment in areas not connected to a sewerage system, they can contaminate groundwater if not properly maintained. This can lead to serious environmental issues, including eutrophication and the spread of waterborne diseases.

The 2015 law granted a five-year grace period before sanctions for non-compliance came into force on 1 January 2020. During this time, homeowners were expected to take the necessary steps to ensure their septic tanks met the new standards. This could involve connecting to a mains sewer, installing a drainage field, or replacing the septic tank with a sewage treatment plant.

The sanctions for non-compliance can be severe, and the UK's Environment Agency has a range of enforcement options, including statutory enforcement notices, requiring remediation works, issuing formal cautions, prosecutions, and suspension or revocation of environmental permits.

It is important to note that the Environment Agency can take action before 1 January 2020 if there is evidence that a septic tank is discharging into a surface water source and causing pollution. In such cases, they usually insist that remedial action is taken within a year.

The law prohibits direct discharge from septic tanks into any water source

This legislation, which came into force in 2015, set a grace period of five years before sanctions were applied, with the deadline for compliance initially set for January 1, 2020. The deadline was later adjusted, and as of 2019, the guidance states that septic tank owners should have alternative plans in place "within a reasonable timescale, typically 12 months."

To comply with the law, septic tank owners have several options:

• Connect to a mains sewer, if available.
• Install a drainage field or infiltration system to allow the septic tank to discharge directly into the ground without causing pollution. It is important to note that a soakaway, well, or borehole cannot be used for discharging into the ground.
• Replace the septic tank with a sewerage treatment plant, which produces cleaner water considered safe to discharge into a watercourse.

It is worth noting that applying for a permit to discharge into surface water from a septic tank is possible but is only granted in exceptional circumstances. Upgrading the existing tank with a septic tank conversion unit is another option, but it still requires a permit and meeting specific treatment standards.

The enforcement and sanctions for non-compliance are managed by the Environmental Agency and can include statutory enforcement notices, remediation works, formal cautions, prosecutions, and suspension or revocation of environmental permits.

Septic tanks must be replaced or upgraded if they discharge directly into a surface water source

Septic tanks have been in use since the 1860s, but the modern septic system is a relatively new development. In the UK, new septic tank legislation was introduced on 1 January 2015, which meant that thousands of households had to upgrade or replace their septic tank treatment systems by 1 January 2020 or face fines.

The history of septic systems is a long one, with waste management being an issue of sanitation and civility since the beginning of human civilisation. The modern septic system, however, is a relatively new development. In the 1860s, Jean-Louis Mouras combined the Ancient Greek concept of the flush toilet with the more modern concept of cesspools, creating the first septic tank. By the 1940s, these systems were common across the United States, and by the 1960s, they had become common across the UK as well.

Septic tanks must be replaced or upgraded:

Septic tanks that discharge directly into surface water sources must be replaced or upgraded to comply with modern regulations. This is because the liquid waste from septic tanks can contain harmful pollutants, which can contaminate groundwater supplies, pollute drinking water, and harm the natural environment.

Owners of septic tanks that discharge directly into surface water have several options for replacement or upgrade:

• Connect to a mains sewer, if available.
• Install a drainage field so that the septic tank can discharge into the ground instead of surface water.
• Replace the septic tank with a small sewage treatment plant.
• Apply for a permit to discharge into surface water (although these are only granted in exceptional circumstances).
• Use a septic tank conversion unit to upgrade the existing tank (but this will still require a permit).

• Septic tank: A watertight chamber, typically made of fibreglass or concrete, that is buried underground. Wastewater from a property flows into the chamber, where solids form a sludge at the bottom, and the remaining liquid flows out through an outlet pipe.
• Soakaway system: Used in conjunction with septic tanks, this is a hole in the ground filled with rubble and coarse stones, allowing wastewater to soak into the earth and recharge groundwater.
• Sewage treatment plant: A more sophisticated system that treats wastewater so it can be released into surface water without damaging the watercourse.
• Cesspool: An underground tank that collects and stores sewage and wastewater without processing it, requiring regular emptying to prevent overflowing.

The British Standards set out requirements for septic tanks and sewage treatment, with different standards for small sewage treatment plants (BS EN 12566) and drainage fields (BS 6297:2007). The General Binding Rules for small sewage discharges, introduced in 2015, also outline a series of conditions and technical requirements designed to protect water resources from pollution. These rules are regularly updated, with the latest changes coming into force in October 2023.

To comply with regulations, septic tanks must be regularly emptied and maintained. This includes removing settled sludge before it exceeds maximum capacity (typically once a year or as per manufacturer instructions) and repairing or replacing any faults, such as cracked pipes or blocked pipes. When selling a property, owners must inform the new owner in writing about the septic tank discharge, including a description of the system, its location, and maintenance requirements.

Homeowners and prospective buyers may not be aware of the law, which can cause delays in the conveyancing process

Septic tanks have been in use since the 1860s, but legislation regarding their use has evolved over time. In 2015, new laws were introduced in the UK regarding septic tanks, prohibiting the discharge of waste from septic tanks directly into any water source. This legislation came into effect on 1 January 2020, with a five-year grace period for homeowners to replace or upgrade their systems.

Homeowners and prospective buyers may not be aware of this law, which can cause delays in the conveyancing process. It is important to note that if a septic tank is found to be discharging into a surface water source and causing pollution, the system must be replaced or upgraded earlier than the deadline. The Environmental Agency will usually require this to be completed within one year, and sanctions for non-compliance can include statutory enforcement notices, remediation works, formal cautions, prosecutions, and suspension or revocation of environmental permits.

To avoid delays and potential expenses, it is recommended that homeowners and buyers address the responsibility for replacing or upgrading septic tanks as a condition of sale before 1 January 2020. This ensures that the buyer is aware of the necessary improvements and can plan accordingly.

Additionally, when selling a property with a septic tank, certain information must be provided to the buyer in writing. This includes a description of the system, its location with reference to a plan, details of any changes made, and maintenance records. Prospective buyers may be hesitant to purchase a property that requires the installation of a new system, and some transactions may be delayed or fall through due to concerns about the cost and hassle of upgrading.

It is crucial for homeowners and prospective buyers to be aware of the law and take the necessary steps to ensure compliance. Regular maintenance of septic systems is also essential to keep them functioning properly and to prevent environmental pollution.

Septic tanks must meet relevant British Standards that were in force at the time of installation

Septic tanks are watertight chambers, typically made of fibreglass or concrete, that are buried underground. Wastewater from a property flows into the chamber through a sewage pipe. Over time, the solids form a sludge at the bottom of the tank, and the remaining liquid then flows out of the chamber through an outlet pipe and soaks into the ground.

Septic tanks are a type of simple onsite sewage facility and are used in areas that are not connected to a sewerage system, such as rural areas. They are a relatively new development in the history of human society, with the modern septic system coming about by accident in the 1860s.

Today, there are many standards and regulations that septic tanks must comply with, especially concerning their location and wastewater discharge. While some of these standards are best practice, enabling the optimum functioning of the system, others are tied to health and environmental legislation.

In the UK, septic tanks must meet the relevant British Standards that were in force at the time of installation. This means that if different parts of the system were installed at different times, each part must meet the standards that applied on its respective date of installation.

The current British Standards for new systems are:

• BS EN 12566 for septic tanks and small sewage treatment plants
• BS 6297:2007 for drainage fields

For systems installed before 1 January 2015, the following applied:

• It must be on British Water's list of approved equipment
• Documentation that came with the tank must include a certificate of compliance with a British Standard

If your septic tank was installed before 1983, when there were no British Standards in place, you are not required to meet this particular standard. However, it is important to ensure compliance with other applicable general binding rules.

It is worth noting that regulations and standards may vary based on your location, so it is always a good idea to consult with local authorities or professionals to ensure your septic tank meets the relevant British Standards and any other necessary requirements.

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