How farmers can qualify for free septic tank upgrade
Septic tank installation © WCI Farmers in certain parts of England may not know they qualify for a free septic tank replacement.
Since a ruling in 2019 by the European Court of Justice, about 15% of the land in England has been covered by nutrient-neutrality rules that compel property developers to offset the pollution from phosphates and nitrates in sewage created by any new homes they build.
See also: First EDP criticised for impact on nutrient mitigation market
Offsetting is achieved by purchasing credits equivalent to the forecast level of discharge.
The credits are generated by schemes that actively reduce the amount of phosphate and nitrate going into watercourses in the country’s 27 nutrient-neutrality catchment areas.
The first credits were derived from nature-based projects such as fallowing pastureland, removing livestock or creating woodland and wetlands.
An alternative method is to create credits by replacing outdated septic tank systems common in rural properties with new systems, known as package treatment plants, which reduce nutrient pollution.
In return for allowing an installer to sell any credits created, property owners are provided with a free replacement septic tank, which would usually cost up to £25,000.
Water and wastewater engineering company WCI Group installs plants in four Somerset river catchments where nutrient neutrality is a requirement and is also working in the Peak District River Wye catchment.
Managing director Brad Taylor devised the concept of septic tank nutrient credits and had it approved by Natural England.
He says: “The typical septic tank discharges approximately 1kg of phosphate annually into our rivers.
“Multiply this across hundreds of properties, and the environmental impact becomes significant.”
If a farm is in one of the affected catchment areas (see detailed map) where a septic tank scheme is being operated, there is a good chance it will qualify, says Brad.
“Around 60% of septic tank systems would be considered non-compliant by the Environment Agency,” he says.
However, these schemes don’t operate on demand, warns Brad.
“While you can register at any time, the pace of installations is dictated by the planning system and when developers pay for any phosphate credits that they require as part of the planning consent for their development.”
Depending on the number of registered properties and the volume of houses being built in each local planning authority’s (LPA) share of the catchment area, property owners may have to wait several years for their tank.
Another reason to take action now, says Brad, is the imminent introduction of the Nature Restoration Levy (NRL), which developers can choose to pay directly to Natural England (NE) instead of buying phosphate or nitrogen credits from private providers like WCI and landowners who are creating credits through land-based mitigation measures.
NRL receipts will be pooled into a Nature Restoration Fund managed by NE and used to pay for conservation measures at scale, which are specified in a regional Environmental Delivery Plan (EDP).
The government hopes that NRLs will speed up its promised delivery of 1.5m new homes.
However, septic tank schemes have been excluded from the planned measures in the first EDP recently published for consultation, which covers part of Norfolk and focuses on nature-based mitigation.
But the private market will still be able to operate the free upgrade schemes alongside the measures proposed in the EDP.
“It makes little sense,” says Brad. “The value of septic tank replacement is based on detailed and transparent long-term data and has facilitated thousands of new homes.
“I don’t believe the methodology behind EDPs is anywhere near as robust.”
Many environmental groups agree, and the Norfolk EDP may face legal challenges.
In the meantime, anyone farming in a nutrient-neutrality catchment area with a provider that offers free septic tank upgrades can check whether they qualify and register their property now.
Free replacement septic tanks – where are they available and what’s involved?
Septic tank replacement schemes linked to nutrient mitigation are often local authority led, with private companies then delivering the survey, installation and servicing.
Schemes operate in Somerset, Norfolk, Kent, Cumbria, Hampshire, Dorset and Derbyshire.
Those taking up a package treatment plant in exchange for the nutrient mitigation credits these provide do so under a planning mechanism known as a Section 106 agreement, which usually runs for 100 years, as with other nutrient mitigation legal agreements.
They must agree to maintain the plant in good working order so that the promised mitigation can be delivered and replace it when necessary with a system of at least equivalent standard.
Septic tank property sales issues
Aside from minimising pollution, a compliant water treatment system makes life much easier if you ever want to sell your property, says Tristan Ward of law firm Birketts.
“Although the Environment Agency can technically check that your system is compliant at any time, in reality it generally only becomes an issue at the point of sale or remortgage.
“Once the buyer’s solicitor knows that your property is not discharging into a mains sewer or cesspool, they will want to see proof that your private system complies with the latest regulations,” explains Tristan.
Without that evidence, sales can be significantly delayed until issues are remedied or compliance proved, or a buyer may insist on a discount to cover the cost of installing a modern treatment system, warns Tristan.
“It’s an issue that I come across all the time, but one that people often don’t consider until it’s too late.”
