EPA 1990 s. 34D: Prohibition on food waste to sewer(Wales)
In Wales, non-domestic occupiers cannot discharge food waste into public sewers (exemption for homes and caravans). Offence punishable by fine.
34D An occupier of premises in Wales must not— discharge food waste produced on or brought onto the premises, or knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged, into a public sewer or a sewer or drain communicating with a public sewer. Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans). A person commits an offence if, without reasonable excuse, the person contravenes subsection (1). A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine. In subsection (1)— “ food waste ” means controlled waste that— has at any time been food (which for this purpose does not include drink) intended for human consumption, or is biodegradable waste arising from the processing or preparation of food or drink, but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink; “ drain ”, “ public sewer ” and “ sewer ” have the meanings given in section 219(1) of the Water Industry Act 1991. The Welsh Ministers may by regulations— provide for subsection (1) to apply only in circumstances specified in the regulations; make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2); amend the definition of “food waste” in subsection (5). Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision applies only in Wales. It prohibits an occupier of premises (other than domestic premises and caravans) from discharging food waste into a public sewer or any sewer or drain that communicates with a public sewer.
"Food waste" is defined as controlled waste that was once food intended for human consumption (excluding drink) or biodegradable waste from processing or preparation of food or drink. However, waste mixed with water or other liquid used to clean equipment is not food waste for this purpose.
A person who contravenes this prohibition without a reasonable excuse commits an offence and is liable on summary conviction or on indictment to a fine. The Welsh Ministers may by regulations modify the application of this section.
When it applies
- A restaurant in Swansea pours leftover soup down the kitchen sink, which drains into a public sewer.
- A hotel in Cardiff uses a food waste disposal unit to grind food scraps and flushes them into a drain connected to a public sewer.
- A food processing factory in Newport discharges vegetable peelings and processing waste into a sewer that connects to the public system.
- A school canteen in Wrexham disposes of uneaten meals by washing them down a sink connected to the sewer.
What this section does not say
- Disposal of food waste in England or Scotland – this section applies only to Wales.
- Discharge of drink waste – the definition of food waste explicitly excludes drink.
- Disposal of food waste mixed with water used to clean equipment – that mixture is excluded from the definition of food waste.
- Disposal of food waste from a domestic house or a caravan – those premises are exempt under subsection (2).
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This page reproduces the text of EPA 1990 s. 34D in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.