Advisory Leaflet on Drainage,
Septic Tanks, Cesspools, Flooding
and Legal Issues
Environmental Control Service
Public Protection
Images courtesy of Klargester Ltd
Introduction
The information in this leaflet is mainly for those people who have either a cesspool or
septic tank drainage system. In rural areas it is quite usual for properties not to be
connected to a mains drainage system. In these circumstances properties have to rely
upon a private drainage system such as a cesspool or septic tank. These types of
drainage systems are very effective, provided they are managed correctly.
An average household will produce some 124,000 litres of waste each year. This is
equivalent to emptying an 18,000 litre cesspool approximately seven times a year.
Legislation
Throughout this pamphlet references are made to various pieces of legislation.
Although legal provisions are set out in statutes, over time they are examined by the
courts and interpreted in decisions. The laws cited are merely overviews or main
statutes. There is no case law and no judicial interpretations are listed. Some sections
have been abbreviated to provide a simplified outline. Nothing cited should be relied
upon in any formal proceedings.
What Is A Cesspool?
A cesspool is a sealed underground tank with an inlet pipe but no outlet, which is
connected to a property by a series of drainage pipes. The cesspool stores sewage and
other wastewater until the time of disposal. Cesspools must be watertight to prevent
the leakage of foul water or the ingress of groundwater.
Older cesspools will be constructed from brick, while modern ones are made of
fibreglass. They should be sited so that there is no risk of pollution to groundwater,
particularly to potable water supplies, and should be at least 15 metres away from any
inhabited building and not less than 10 metres away from any watercourse.
Cesspool users may use bleach and biological washing powders, which are not normally
recommended for septic tank systems.
Cesspools must be emptied frequently to prevent problems from overflowing. It is an
offence for any person other than a competent contractor to pump out, or otherwise
attempt to empty the contents of a cesspool.
Image courtesy of
Johnston Smith Consulting Ltd
www.johnstonsmith.co.uk
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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 the local
authority.
In addition, if pollution of a watercourse happens, the Environment Agency, which is
responsible for ensuring the quality of rivers is monitored and maintained, may take legal
action under the Water Resources Act 1991. The penalty for allowing a polluting
discharge is up to £20,000 and/or three months imprisonment. Consent to install a
cesspool is not required from the Environment Agency, but consent may be needed
under Building Regulations or Planning legislation. Further advice may be obtained from
the local council.
If you have a cesspool remember:
• Check the level in your cesspool regularly
• Have your cesspool emptied at frequent intervals
• Check for any leakage or ingress of groundwater
What is a Septic Tank?
A septic tank is a complete mini sewage system in which effluent is treated naturally.
The primary purpose of the tank is to separate solids from the liquids, as wastewater
flows through it, and to help to break down contaminants.
There may be three layers in the tank:
• a scum layer of floating solids
• the liquid sewage from which solids are settled out
• a bottom sludge layer which is ‘digested’ to some extent by naturally occurring
bacteria.
The most commonly used septic tanks are the traditional type. This is a two or three
chamber system, or the modern system which, this is one large ‘bottle type’ system.
Both types work exactly the same way.
Sewage and other ‘grey’ wastewater (sink, bath, washing machine or dishwasher water)
enter the tank via an inlet pipe. The tank retains sewage from a property for a sufficient
amount of time to allow the solids from the sewage to be broken down by bacteria,
forming a crust on the top of the effluent and a sludge at the base of the tank. The
sludge in the tank needs to be removed only when necessary – usually once a year.
If the tank is not emptied periodically, too many solids will flow into the drainage field,
this could eventually leading to clogging/blocking of the outlet pipe. The emptying of the
tank should be carried should be out by a licensed contractor. Some sludge should
remain in the tank as a ‘seed’ to aid the establishment of anaerobic digestion. This is the
process that helps to break down the solids. It has been known for septic tank owners
to completely empty and flush out a tank, but this will only result in increased pollution
and rapid refilling of the sludge tank because the bacterial action will not work properly.
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It is important not to let roof or surface water enter the tank, as this will affect the
process. Solid matter will not be effectively digested and this could cause the drains to
block, and/or raw, gross sewage to enter drainage systems, or in some cases block
soakaways.
The remaining untreated liquid in the tank then drains from the tank by means of an
outlet pipe to a soakaway. Septic tanks like cesspools should be watertight and
adequately ventilated. 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.
The most commonly used form of soakaway is a sub-surface irrigation system, this is a
network of drains which have perforations in them to allow the liquid to trickle out into
the surrounding ground. Another form of soakaway, which also uses the sub-surface
irrigation method, comprises a herringbone pattern formation of land drains laid in
shallow, shingle filled trenches. The soakaway drains are usually located within 1 metre
of the ground surface. It is not considered good practice to discharge septic tank
effluent directly to a ditch or watercourse.
Septic tanks and soakaways should not be sited not less than 10 metres from any ditch
or watercourse and preferably not closer than 15 metres to any dwelling. All new
soakaways or improvements to existing soakaways require the prior consent of the
Environment Agency. Modern septic tanks often have an ultra violet disinfection system
incorporated into the final discharge pipe.
In the case of older septic tank systems the practice of using a soakaway system to
discharge the liquor was not always adopted. In these cases liquor discharges into
nearby drainage ditches. These can become odorous and unpleasant. Complaints about
such direct access are many but enforcement solutions for established users are not a
usual or preferred option. Gross contamination will be investigated and formal action
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may be used to require improvements where the officer can prove the existence of a
statutory nuisance.
Indicators of problems with your Septic Tank:
• a smell of sewage in the area
• slowly draining sinks, toilets, baths etc…
• polluted water in a ditch or watercourse
• overflowing from the inspection cover
• surface flooding ‘downstream’ of the tank
• nettles and vigorous plant growth ‘downstream’
A few things to remember:
Do:
 Put all wastewaters from your home into the system-any of these can contain
environmental pollutants. All roof and surface water should discharge directly into a
ditch or watercourse.
 Only use bleaches and disinfectants sparingly. These could kill the useful bacteria that
help to digest the waste in your septic tank. Some brands of domestic cleaner are ‘septic
tank friendly’ and are preferred.
 Try to avoid excessive discharges from washing machines, use the ‘halfload’ setting. If
possible use showers instead of baths.
 Inspect the system at least once a month.
 Desludge the tank at least once a year.
 Ensure that air vents are not blocked, and all covers are secured and are easily
accessible.
 Act immediately if you find a blockage or any sign of pollution.
Do Not:
 Use your toilet or kitchen sink as a bin.
 Put disposable nappies, sanitary items, plastic or other large solids, which may cause
blockages.
 Empty chemical toilets into the drains of the septic tank.
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 Pour paints, solvents, oils, fats or heavy greases into the drains of the septic tank,
these should be kept in their original containers and disposed of properly.
 Allow roof or surface water into the septic tank. Excessive discharges into the tank
will flush solids through before adequate digestion has taken place.
Additional Information
Groundwater Protection Code
The code is made under Regulation 21 of the Groundwater Regulations 1998.
It is aimed at people who own, install, operate, empty, maintain or decommission small,
non-mains sewerage operations serving individual properties and small developments.
The type of systems considered include septic tank systems, cesspools, package
treatment plants, reed beds and waterless toilets.
The primary legislative provisions protecting groundwater in England and Wales are the
Water Resources Act 1991 and the Groundwater Regulations 1998. The Act makes it
an offence to cause or knowingly permit pollution of groundwater and provides the
Environment Agency with powers to address pollution.
Non-mains systems can pollute groundwater (all water lying below the water table or in
aquifers) if they are poorly located, built or operated. Septic tanks and the soakaway
area should be sited not less than 10 metres from any ditch, drain or watercourse and
preferably not closer than 15 metres to any dwelling. Septic tanks and soakaways
should not be installed in the vicinity of any well or borehole. The minimum distance
required will depend on specific site conditions but should generally be located a
minimum of 50 metres from a potable water supply borehole or spring.
Environment Agency consent may be required for a discharge to a soakaway, this is
made under the Water Resources Act 1991 in England and Wales.
Potential pollution problems can impact on private and public space, groundwater
abstractions and surface water in rivers and streams. Such pollution can make water
unusable for drinking water and toxic to aquatic life. Once contaminated, groundwater
is very difficult and expensive to make good.
Section 101a of the Water Industry Act 1991 places a duty on sewerage undertakers
(for the East Riding of Yorkshire area this is Yorkshire Water plc) to provide a public
sewer for those premises where the existing arrangements are causing, or may cause
risk to the environment. This means that, for example, if a septic tank can no longer
function properly because of rising groundwater, the owner of the premises may be able
to apply to the sewerage undertaker to be connected to the mains sewerage network if
this option is available.
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Riparian Ownership, Internal Drainage Boards and Land Drainage
Who is a Riparian Owner?
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Under common law you are the riparian owner of any watercourse within or
adjacent to the boundaries of your property.
Where a watercourse is sited between two or more property boundaries each
owner may be equally responsible.
What are a Riparian Owner's Rights?
A riparian owner has the right to protect his or her property against flooding from the
watercourse and also to prevent erosion of the watercourse banks or any structures.
What are a Riparian Owner's Responsibilities?
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As a riparian owner your responsibilities include the maintenance of the bank
and bed of your section of watercourse, including trees and shrubs growing on
the banks, in order to avoid any obstruction of flow in the watercourse.
Clearing any debris, natural or otherwise, including litter etc, even if it did not
originate from your land.
But it's outside of my fence!
A property owner has riparian responsibility for an adjacent watercourse, even though
it may be outside of the garden fence. Fences are often erected by builders to 'blot out'
the ditch at the bottom of the garden, or by residents for their own security purposes.
Image courtesy of
Havant Borough Council
www.havant.gov.uk
Even if the Title Deeds for a property show the boundary to be the fence or
hedgeline, they have riparian rights and responsibilities to the centre of the
watercourse.
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What are the most common problems affecting watercourses?
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Failing to keep vegetation growth under control
Failing to obtain consent for any building, planting or alterations within nine
metres of the bank
Disposal, storage or fly tipping of garden or domestic rubbish, waste etc. on the
banks or into the watercourse
Unauthorised piping or culverting of the watercourse
Riparian Owners and the Law
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Your responsibilities as a riparian owner are based on legislation. The principle
legislation is summarised below:
The Public Health Act 1936.
Environmental Protection Act 1990
The Land Drainage Acts of 1991 & 1994.
Water Resources Act 1991.
National Rivers Authority (now the Environment Agency) Land Drainage
Byelaws 1981.
Implementation of Legislation
In an effort to reduce the risk of flooding the council aims to improve and maintain an
effective watercourse system through a process of co-operation, liaison, advice and
assistance wherever possible. Enforcement of legislation will only be used where
necessary to resolve problems.
Roadside Ditches
The ditches alongside roads are very rarely the responsibility of the Highway Authority.
They are more usually the responsibility of the adjacent landowner (quite often a
farmer) but on certain larger channels the Environment Agency or local Internal
Drainage Board may undertake the maintenance of these ditches. Therefore, if a ditch
is blocked and is filling up with water and causing flooding the council will first contact
the landowner to ask them to fulfil their responsibilities as Riparian Owners to keep
their ditches clear.
In come circumstances the council will consider emergency action. In rural areas,
surface water is often dealt with by discharge onto adjacent verges, often using grips
(shallow channels cut into the verge).
Flooding Situations
Taking into account the information above, the council provides an emergency response
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service. In these circumstances, it is important to know more information, to help to
prioritise the demands. Information on whether property is directly threatened and
whether water levels are rising or static is important. In the case of severe flooding and
emergencies, the council’s Emergency Planning Section will want to have as much
information as possible.
The council’s flood line is (01482) 395739
Highways Customer Care Line
Tel: 0845 6001666
Email: highways.customer.care@eastriding.gov.uk
Alternatively you can contact:
Environment Agency
Floodline: 0345 988 1188 or, Incident Hotline: 0800 807060
Advice on flooding has been produced by the Environment Agency
https://www.gov.uk/prepare-for-a-flood/find-out-if-youre-at-risk
HEALTH ADVICE FOR HOMES FLOODED WITH CONTAMINATED
WATER
This general advice has been compiled in consultation with the Environment Agency, the
Public Health Laboratory Services, the Chartered Institute of Environmental Health and
the Area Health Authority.
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Do not enter the premise until floodwaters have fully subsided.
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Switch off electrical circuits and do not use until checked out by the Electricity
Company or qualified electrician. Make sure all appliances are switched off
before electricity is restored.
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Do not operate any gas appliance until a certified gas engineer has checked them.
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Work out a step-by-step action plan to:
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Rinse all water, mud and other debris.
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Rinse away contamination inside the house.
3
Remove the rinse water.
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Disinfect and dry out your house and salvageable possessions.
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Open your doors and windows to ventilate your home. It takes a brick about an
inch a month to dry out.
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When it recedes, the floodwater will leave a muddy deposit. Although risks to
health are small the deposits are likely to contain some bacteria and viruses
which may cause illness if a few simple precautions are not taken.
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Health risks can be minimised by taking general hygiene precautions and by the
use of protective clothing (waterproof boots and gloves) whilst cleaning up.
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Keep open cuts and sores clean and prevent them being exposed to flood water.
Wear waterproof plasters.
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Do not let young children play on affected grassed and paved areas until they
have been cleaned down to remove debris and dried out. Wash floodwater
contaminated toys with hot water or disinfectant before allowing them to be
used.
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Very young children should avoid playing directly on timber floorboards or any
damaged tiled floors if possible – be aware of the risk of injury from sharp edges
on tiles or raised nails in floorboards until these have been repaired.
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Sunlight will help to destroy harmful bacteria and any excess risk to health
should disappear completely in a week or so.
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Always wash your hands before eating or preparing food.
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Contact your doctor if you feel ill and make him aware that you house was
flooded.
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Do not be tempted to salvage damaged food, including tins as they may be
contaminated with sewage or chemicals left from the floodwater.
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Although health risks are small, do not eat garden or allotment vegetables that
have been covered by floodwater.
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All food preparation surfaces, equipment, crockery, etc must be cleaned and
disinfected before any food is prepared.
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Clean surfaces with hot water and detergent and finally disinfectant with a
solution of bleach (5ml of bleach to 1 litres of water). Alternatively use a
detergent and follow manufacturer's instructions.
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Thoroughly clean any taps that may have been contaminated and run them for
10 minutes to flush the water system through. If you notice a change in water
quality, such as the water becoming discoloured or there is a change in taste or
smell, or you are unsure ring Yorkshire Water on 0345 1242424. If in doubt
boil all water intended for drinking or use bottled water.
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Pervious items such as soft furnishing, curtains, carpets, sofas, etc should
normally be discarded. Clothing, bedding and soft toys may be retrieved by
laundering on a hot wash, 60oC will destroy most harmful organisms.
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Floodwater sometimes contains small amounts of oil, diesel, etc. This should in
the main, be removed with the floodwater silt. Any remaining oil, diesel etc in
accessible areas can be removed using a detergent solution and wash the surface
down after initial cleaning has been carried out.
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If you have any concerns about the structural safety of your home contact the
Council’s Building Control Officer for your area who will advise you. (Tel 0845
026 8969).
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FINALLY. Both physical stress associated with over exertion in cleaning up
premises and mental stress caused by temporary relocation may make you feel
unwell. Indeed the major health hazard of floods comes from the stress and
strain of the event, not infection. If you feel unwell this does not necessarily
mean that you are suffering from any infection. If you are concerned visit your
doctor.
Useful websites
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Association of British Insurers: Flooding
Association of British Insurers: Flooding - Provision of insurance
CIRIA - Repair and restoration of buildings following floods
Flood Hazard Research Centre
Health Protection Agency - Public health implications of flooding
National Flood Forum
Department for Environment, Food and Rural Affairs (DEFRA) - Flood management
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Internal Drainage Boards
A drainage board has powers to undertake works on any watercourse within its district,
other than a 'main river', but it is more likely that 'main watercourses' will have been
designated by the board. These form the major network into which other 'field' ditches,
maintained by the landowner/farmer, discharge. Large boards engage full-time
administrative and technical staff, while the smaller boards contract work out or belong
to a group of boards managed under a consortium arrangement.
The Land Drainage Acts 1991 and 1994 provide for: general supervision over all aspects of land drainage within the district
 improving and maintaining the drainage system, including the operation of
pumping stations
 regulating activities in and alongside the drainage system, other than on those
waterways designated as main river and under the Environment Agency's control
 duties to conservation
 raising income to support land drainage works.
Legislation
Public Health Act 1936 – Section 50
The local authority can take action against any person who has caused by their actions,
default or sufferance, a septic tank, settlement tank or cesspool to leak or overflow.
They may require the person to carry out repairs or to periodically empty the tank.
Public Health Act 1936 – Section 259
The local authority can take action against any person who has caused by their actions
to make any pond, pool, ditch or watercourse which is so foul or in such a state as to
be prejudicial to health or a nuisance. Default action cannot be carried out by the local
authority without the prior consultation of the internal land drainage board.
Public Health Act 1936 – Section 260
The Parish Council has extensive powers to deal with any pond, pool, ditches and
similar, containing or used for the collection of, any drainage, filth, stagnant water or
matter likely to be prejudicial to health, by draining, cleansing or doing other works and
to contribute to the expenses of people undertaking such work.
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Water Resources Act 1991
The Environment Agency have powers under the Water Resources Act 1991Section 85 to prosecute anyone causing or knowingly permitting pollution of any
watercourse, stream, river, lake or any groundwater.
Building Act 1984 – Section 59
The local authority may require the owner or occupier of a building to carry out
remedial works where a septic tank, settlement tank or cesspool is: insufficient, in such
a condition as to be prejudicial to health or a nuisance or so defective that groundwater
leaks into it.
Environmental Protection Act 1990 – Section 79
The local authority can take action against any owner or occupier of a premise that is in
such a state as to be prejudicial to health or a nuisance.
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For further information please contact your local Environmental Health
Officer at the following address or use the telephone number below asking
for the appropriate office:
BEVERLEY DISTRICT
Public Protection Division
County Hall
Cross Street
Beverley
HU17 9BA
Telephone 01482 396301
BRIDLINGTON DISTRICT
Public Protection Division
Town Hall
Quay Road
Bridlington
YO16 4LP
Telephone 01482 396301
GOOLE DISTRICT
Public Protection Division
Council Offices
Church Street
Goole
DN14 5BG
Telephone 01482 396301
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