Through various Acts of Parliament we can serve a notice on the owners or occupiers of a premises served by a private drain (i.e a pipe serving just one property). This could include removing blockages, including scale and tree root intrusion, or the repairing of collapses and breaks in the pipe work. Usually the Council will only act if such defects are causing an issue to other properties, for example allowing sewage to discharge onto their land or causing rat problems.

Changes in legislation means most problems with sewers (a pipe serving more than one property) are now dealt with by Southern Water, so these powers will only be used to deal with problems outside their remit.

The following information is for those people who are not on mains drainage being served by their own systems such as cesspools, septic tanks and package treatment plant. Usually such systems are found in the more rural areas of our district, where mains drainage is not available. These systems of drainage are effective, provided they are managed correctly.

What is a Cesspool?

A cesspool is an underground tank which stores sewage until the time of disposal. Cesspools must be watertight to prevent the leakage of foul water or the ingress of groundwater.

They may be constructed in a variety of materials including brick or concrete, but modern ones are more commonly made from glass-reinforced plastics, polythene or steel and have a minimum capacity of 18,000 litres.

They should be sited so that there is no risk of pollution, particularly to water supplies, and should ideally be located away from any inhabited building to avoid odour problems.

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 a local authority and a fine of £50 plus a £2 daily penalty.

In addition, if pollution of a water course takes place, the Environment Agency, which is responsible for ensuring the quality of rivers, may take legal action under the Water Resources Act 1991.

It is an offence for any person other than a competent contractor to pump out, or otherwise attempt to empty out, the contents of a cesspool.

Septic Tanks

A septic tank is a complete mini sewage system, in which effluent is treated naturally by making use of bacteria to break down all the solid matter to approximately one third of its original volume.

The settled solids need to be removed only when necessary - usually once a year. The clear liquid flowing from the tank is disposed of via a land drainage system which should not flood. Septic tanks, like cesspools, should be watertight, adequately ventilated and not located where they will pollute water supplies.

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 and, upon conviction, will be fined up to £50 plus a £2 daily penalty.

The provision of a new or replacement septic tank, treatment plant or cesspool is considered to be work to a “controlled service” and therefore subject to Building Regulation consent. Approval for such works should be sought from this Authority’s Building Control Department.

If you own a septic tank or other similar package treatment systems you may require a permit  from the Environment Agency. In certain circumstances this is not required as long as the appliance meets general binding rules. For more information click on this link to the gov.uk web site.

We own and maintain about 50 treatment systems that serve properties that are or were council houses. If there is a problem with one of these systems then please contact our Engineering Services.