Common use of Trade Effluent control Clause in Contracts

Trade Effluent control. 4.1. Both parties shall co-operate with the other in order to assist the other to comply with their respective statutory duties under the Act. 4.2. For the purpose of complying with paragraph 4.1 above: 4.2.1. the New Appointee shall deal with, issue and enforce all trade effluent consents (including those for short-term discharges of six months or less) granted to occupiers of trade premises which discharge to the New Appointee’s Sewerage Network in accordance with the Act (including carrying out any environmental assessment); 4.2.2. each party shall notify the other party as soon as reasonably practicable when it obtains knowledge of any incident occurring or of any particular matter being discharged that is capable of injuring any sewer or drain forming part of the Water Company’s Sewerage Network, interfering with the free flow of its contents or prejudicially affecting the treatment and disposal of its contents or of any non-compliance with trade effluent consents; 4.2.3. the New Appointee shall notify the Water Company of any application for trade effluent consent or to vary the conditions attached to a trade effluent consent as soon as practicable and not less than within five days of receipt and shall supply to the Water Company a copy of the application and all supporting information provided by the applicant 4.2.4. the New Appointee shall notify the Water Company of: • its intent to give a direction varying the conditions attached to an existing consent; • within five days of it coming to the attention of the NAV, the cessation of any trade effluent discharge or a discharge that is referred to as in the Retail Market’s market operating system as “discontinued”; and • within five days of it coming to the attention of the NAV, any discharge that has significantly changed in volume and/or composition (whether or not it remains compliant with any relevant trade effluent consent); 4.2.5. within 50 days of receipt of the copy of the application for trade effluent consent or to vary the conditions attached to a trade effluent consent and all supporting information provided by the applicant, or where the New Appointee has notified its intent to give a direction varying the conditions attached to an existing consent, the Water Company shall use its best endeavours, acting reasonably and in good faith, to advise the New Appointee: • of the conditions which it considers should be imposed on any such grant or variation of the trade effluent consent which may be necessary or desirable because of any of the TE Decision Criteria; or • that any application for a new trade effluent consent or for variation of an existing trade effluent consent should be refused because of any of the TE Decision Criteria which advice shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts for either party and shall be copied to the applicant where applicable; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.6. where the Water Company requires the New Appointee to give a direction varying the conditions attached to an existing consent or refusal to grant a new trade effluent consent vary an existing one the Water Company shall provide the New Appointee with the reasons for requiring the variation, the required date of effect of the variation and advise the New Appointee of the conditions which it considers should be included in the variation; 4.2.7. the advice given under paragraph 4.2.6 shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.8. the New Appointee shall provide the Water Company with a copy of any refusal, variation or consent issued at the same time as notifying the discharger or its sewerage licensee; 4.2.9. if the application for trade effluent consent or to vary such consent or the intended direction varying the conditions attached to an existing consent is referred to the Environment Agency under section 120 of the Act or the New Appointee carries out its own (H1) assessment in lieu, the Water Company shall be notified of the referral or assessment and the outcome of the referral or assessment before the procedure set out in paragraph 4.2.5 above shall apply; 4.2.10. in the event of an appeal against the refusal of an application for, or variation of, a trade effluent consent, or any of the conditions attached to such a consent, or the time it has taken the New Appointee to issue a consent, the Water Company shall provide all reasonable support requested by the New Appointee to deal with the appeal and the Water Company shall, subject to the applicable procedural or other rules applying to the conduct of the appeal be entitled to request that the New Appointee include any written or other submissions that the Water Company may wish to make in respect of the appeal; 4.2.11. in considering whether to take enforcement action of the type set out in paragraph 4.2.12, the New Appointee shall take into account (but not be bound by) any code of practice or guidance in respect of trade effluent enforcement issued from time to time by the Water Company; 4.2.12. in the event of enforcement action being taken by the New Appointee for breach of section 111 or the trade effluent provisions of the Act, the Water Company shall provide all reasonable support requested by the New Appointee to support such enforcement action; 4.2.13. in the event of enforcement action under the Water Resources Act 1991 and/or the Environmental Permitting Regulations 2010 or any other relevant statutory provisions being taken against the Water Company by the Environment Agency or any other person in respect of the discharge from the Water Company’s treatment works into which the Discharge is received or the disposal of Biosolids or other waste from the Site, the New Appointee shall provide all reasonable support requested by the Water Company to deal with such enforcement action; and 4.2.14. in the event of an incident occurring which may reasonably risk a breach of a discharge consent issued to the Water Company by the Environment Agency under the Water Resources Act 1991 or under the Environmental Permitting Regulations 2010 or may reasonably risk a breach of any other legislative provision, the New Appointee shall respond and co-operate in timely fashion with any reasonable request made by the Water Company for support, for investigations to be carried out and for action to be taken by the New Appointee in relation to the New Appointee’s Sewerage Network to prevent, stop or mitigate the effects of any pollution which may be likely, or is occurring or has occurred. 4.3. For the purposes of paragraphs 4.2.11, 4.2.13, 4.2.14 and 4.4, “support” includes: 4.3.1. the provision of all reasonably necessary data and information; 4.3.2. the provision of sewerage network investigation technicians (immediately where there is an imminent risk of severe impact to persons, property or the environment) to carry out the following roles: manhole lifting, dye tracing, blockage clearing, underground pipe location, root cause analysis, and the formulation of written and advice and directions to the end user that are designed to avoid repeat occurrences; and 4.3.3. in the event of any proceedings, the provision of witnesses to attend court and give evidence relating, inter alia, to the control of trade effluent and any other relevant matter connected with the Water Company’s Sewerage Network or the New Appointee’s Sewerage Network, as the case may be. 4.4. The party providing the support or cooperation or information (the “Provider”) at the request of the other party (the “Requestor”) pursuant to this paragraph 4 shall be entitled to be reimbursed the reasonable and proper costs incurred by the Provider in providing such support or cooperation or information upon request (save to the extent that the costs under the request relate to a breach of this Agreement by the Provider), and provided that such request for reimbursement shall be accompanied by details of the basis of calculation of such costs.

Trade Effluent control. 4.1. Both parties shall co-operate with the other in order to assist the other to comply with their respective statutory duties under the Act. 4.2. For the purpose of complying with paragraph 4.1 above: 4.2.1. the New Appointee shall deal with, issue and enforce all trade effluent consents (including those for short-term discharges of six months or less) granted to occupiers of trade premises which discharge to the New Appointee’s Sewerage Network in accordance with the Act (including carrying out any environmental assessment); 4.2.2. each party shall notify the other party as soon as reasonably practicable when it obtains knowledge of any incident occurring or of any particular matter being discharged that is capable of injuring any sewer or drain forming part of the Water Company’s Sewerage Network, interfering with the free flow of its contents or prejudicially affecting the treatment and or disposal of its contents or of any non-compliance with trade effluent consents; 4.2.3. the New Appointee shall notify the Water Company of any application for trade effluent consent or to vary the conditions attached to a trade effluent consent as soon as practicable and not less than within five days of receipt and shall supply to the Water Company a copy of the application and all supporting information provided by the applicant 4.2.4. the New Appointee shall notify the Water Company of: • its intent to give a direction varying the conditions attached to an existing consent; • within five days of it coming to the attention of the NAVNew Appointee, the cessation of any trade effluent discharge or a discharge that is referred to as in the Retail Market’s market operating system as “discontinued”; and • within five days of it coming to the attention of the NAVNew Appointee, any discharge that has significantly changed in volume and/or composition (whether or not it remains compliant with any relevant trade effluent consent); 4.2.5. within 50 days of receipt of the copy of the application for trade effluent consent or to vary the conditions attached to a trade effluent consent and all supporting information provided by the applicant, or where the New Appointee has notified its intent to give a direction varying the conditions attached to an existing consent, the Water Company shall use its best reasonable endeavours, acting reasonably and in good faith, to advise the New Appointee: • of the conditions which it considers should be imposed on any such grant or variation of the trade effluent consent which may be necessary or desirable because of any of the TE Decision Criteria; or • that any application for a new trade effluent consent or for variation of an existing trade effluent consent should be refused because of any of the TE Decision Criteria which Criteria. This advice shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts for either party and shall be copied to the applicant where applicable; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.6. where the Water Company requires the New Appointee to give a direction varying the conditions attached to an existing consent or refusal to grant a new trade effluent consent vary an existing one the Water Company shall provide the New Appointee with the reasons for requiring the variation, the required date of effect of the variation and advise the New Appointee of the conditions which it considers should be included in the variation; 4.2.7. the advice given under paragraph 4.2.6 shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.8. the New Appointee shall provide the Water Company with a copy of any refusal, variation or consent issued at the same time as notifying the discharger or its sewerage licensee; 4.2.9. if the application for trade effluent consent or to vary such consent or the intended direction varying the conditions attached to an existing consent is referred to the Environment Agency under section 120 of the Act or the New Appointee carries out its own (H1) assessment in lieu, the Water Company shall be notified of the referral or assessment and the outcome of the referral or assessment before the procedure set out in paragraph 4.2.5 above shall apply; 4.2.10. in the event of an appeal against the refusal of an application for, or variation of, a trade effluent consent, or any of the conditions attached to such a consent, or the time it has taken the New Appointee to issue a consent, the Water Company shall provide all reasonable support as requested by the New Appointee to deal with the appeal and the Water Company shall, subject to the applicable procedural or other rules applying to the conduct of the appeal be entitled to request that the New Appointee include any written or other submissions that the Water Company may wish to make in respect of the appeal; 4.2.11. in considering whether to take enforcement action of the type set out in paragraph 4.2.12, the New Appointee shall take into account (but not be bound by) any code of practice or guidance in respect of trade effluent enforcement issued from time to time by the Water Company; 4.2.12. in the event of enforcement action being taken by the New Appointee for breach of section 111 or the trade effluent provisions of the Act, the Water Company shall provide all reasonable support if requested by the New Appointee to support such enforcement action; 4.2.13. in the event of enforcement action under the Water Resources Act 1991 Xxx 0000 and/or the Environmental Permitting Regulations 2010 or any other relevant statutory provisions being taken against the Water Company by the Environment Agency or any other person in respect of the discharge from the Water Company’s treatment works into which the Discharge is received or the disposal of Biosolids or other waste from the Site, the New Appointee shall provide all reasonable support requested by the Water Company to deal with such enforcement action; and 4.2.14. in the event of an incident occurring which may reasonably risk a breach of a discharge consent issued to the Water Company by the Environment Agency under the Water Resources Act 1991 Xxx 0000 or under the Environmental Permitting Regulations 2010 or may reasonably risk a breach of any other legislative provision, the New Appointee shall respond and co-operate in timely fashion with any reasonable request made by the Water Company for support, for investigations to be carried out and for action to be taken by the New Appointee in relation to the New Appointee’s Sewerage Network to prevent, stop or mitigate the effects of any pollution which may be likely, or is occurring or has occurred. 4.3. For the purposes of paragraphs 4.2.11, 4.2.13, 4.2.14 and 4.4, “support” includes: 4.3.1. the provision of all reasonably necessary data and information; 4.3.2. the provision of sewerage network investigation technicians (immediately where there is an imminent risk of severe impact to persons, property or the environment) to carry out the following roles: manhole lifting, dye tracing, blockage clearing, underground pipe location, root cause analysis, and the formulation of written and advice and directions to the end user that are designed to avoid repeat occurrences; and 4.3.3. in the event of any proceedings, the provision of witnesses to attend court and give evidence relating, inter alia, to the control of trade effluent and any other relevant matter connected with the Water Company’s Sewerage Network or the New Appointee’s Sewerage Network, as the case may be. 4.4. The party providing the support or cooperation or information (the “Provider”) at the request of the other party (the “Requestor”) pursuant to this paragraph 4 shall be entitled to be reimbursed the reasonable and proper costs incurred by the Provider in providing such support or cooperation or information upon request (save to the extent that the costs under the request relate to a breach of this Agreement by the Provider), and provided that such request for reimbursement shall be accompanied by details of the basis of calculation of such costs. 4.5. The Water Company can take enforcement action directly with the New Appointee, under section 111 of the Act, if the New Appointee’s discharge is non-compliant.

Trade Effluent control. 4.1. Both parties shall co-operate with the other in order to assist the other to comply with their respective statutory duties under the Act. 4.2. For the purpose of complying with paragraph 4.1 above: 4.2.1. the New Appointee shall deal with, issue and enforce all trade effluent consents (including those for short-term discharges of six months or less) granted to occupiers of trade premises which discharge to the New Appointee’s Sewerage Network in accordance with the Act (including carrying out any environmental assessment); 4.2.2. each party shall notify the other party as soon as reasonably practicable when it obtains knowledge of any incident occurring or of any particular matter being discharged that is capable of injuring any sewer or drain forming part of the Water Company’s Sewerage Network, interfering with the free flow of its contents or prejudicially affecting the treatment and disposal of its contents or of any non-non- compliance with trade effluent consents; 4.2.3. the New Appointee shall notify the Water Company of any application for trade effluent consent or to vary the conditions attached to a trade effluent consent as soon as practicable and not less than within five days of receipt and shall supply to the Water Company a copy of the application and all supporting information provided by the applicant 4.2.4. the New Appointee shall notify the Water Company of: • its intent to give a direction varying the conditions attached to an existing consent; • within five days of it coming to the attention of the NAV, the cessation of any trade effluent discharge or a discharge that is referred to as in the Retail Market’s market operating system as “discontinued”; and • within five days of it coming to the attention of the NAV, any discharge that has significantly changed in volume and/or composition (whether or not it remains compliant with any relevant trade effluent consent); 4.2.5. within 50 days of receipt of the copy of the application for trade effluent consent or to vary the conditions attached to a trade effluent consent and all supporting information provided by the applicant, or where the New Appointee has notified its intent to give a direction varying the conditions attached to an existing consent, the Water Company shall use its best endeavours, acting reasonably and in good faith, to advise the New Appointee: • of the conditions which it considers should be imposed on any such grant or variation of the trade effluent consent which may be necessary or desirable because of any of the TE Decision Criteria; or • that any application for a new trade effluent consent or for variation of an existing trade effluent consent should be refused because of any of the TE Decision Criteria which advice shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts for either party and shall be copied to the applicant where applicable; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.6. where the Water Company requires the New Appointee to give a direction varying the conditions attached to an existing consent or refusal to grant a new trade effluent consent vary an existing one the Water Company shall provide the New Appointee with the reasons for requiring the variation, the required date of effect of the variation and advise the New Appointee of the conditions which it considers should be included in the variation; 4.2.7. the advice given under paragraph 4.2.6 shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.8. the New Appointee shall provide the Water Company with a copy of any refusal, variation or consent issued at the same time as notifying the discharger or its sewerage licensee; 4.2.9. if the application for trade effluent consent or to vary such consent or the intended direction varying the conditions attached to an existing consent is referred to the Environment Agency under section 120 of the Act or the New Appointee carries out its own (H1) assessment in lieu, the Water Company shall be notified of the referral or assessment and the outcome of the referral or assessment before the procedure set out in paragraph 4.2.5 above shall apply; 4.2.10. in the event of an appeal against the refusal of an application for, or variation of, a trade effluent consent, or any of the conditions attached to such a consent, or the time it has taken the New Appointee to issue a consent, the Water Company shall provide all reasonable support requested by the New Appointee to deal with the appeal and the Water Company shall, subject to the applicable procedural or other rules applying to the conduct of the appeal be entitled to request that the New Appointee include any written or other submissions that the Water Company may wish to make in respect of the appeal; 4.2.11. in considering whether to take enforcement action of the type set out in paragraph 4.2.12, the New Appointee shall take into account (but not be bound by) any code of practice or guidance in respect of trade effluent enforcement issued from time to time by the Water Company; 4.2.12. in the event of enforcement action being taken by the New Appointee for breach of section 111 or the trade effluent provisions of the Act, the Water Company shall provide all reasonable support requested by the New Appointee to support such enforcement action; 4.2.13. in the event of enforcement action under the Water Resources Act 1991 and/or the Environmental Permitting Regulations 2010 or any other relevant statutory provisions being taken against the Water Company by the Environment Agency or any other person in respect of the discharge from the Water Company’s treatment works into which the Discharge is received or the disposal of Biosolids or other waste from the Site, the New Appointee shall provide all reasonable support requested by the Water Company to deal with such enforcement action; and 4.2.14. in the event of an incident occurring which may reasonably risk a breach of a discharge consent issued to the Water Company by the Environment Agency under the Water Resources Act 1991 or under the Environmental Permitting Regulations 2010 or may reasonably risk a breach of any other legislative provision, the New Appointee shall respond and co-operate in timely fashion with any reasonable request made by the Water Company for support, for investigations to be carried out and for action to be taken by the New Appointee in relation to the New Appointee’s Sewerage Network to prevent, stop or mitigate the effects of any pollution which may be likely, or is occurring or has occurred. 4.3. For the purposes of paragraphs 4.2.11, 4.2.13, 4.2.14 and 4.4, “support” includes: 4.3.1. the provision of all reasonably necessary data and information; 4.3.2. the provision of sewerage network investigation technicians (immediately where there is an imminent risk of severe impact to persons, property or the environment) to carry out the following roles: manhole lifting, dye tracing, blockage clearing, underground pipe location, root cause analysis, and the formulation of written and advice and directions to the end user that are designed to avoid repeat occurrences; and 4.3.3. in the event of any proceedings, the provision of witnesses to attend court and give evidence relating, inter alia, to the control of trade effluent and any other relevant matter connected with the Water Company’s Sewerage Network or the New Appointee’s Sewerage Network, as the case may be. 4.4. The party providing the support or cooperation or information (the “Provider”) at the request of the other party (the “Requestor”) pursuant to this paragraph 4 shall be entitled to be reimbursed the reasonable and proper costs incurred by the Provider in providing such support or cooperation or information upon request (save to the extent that the costs under the request relate to a breach of this Agreement by the Provider), and provided that such request for reimbursement shall be accompanied by details of the basis of calculation of such costs.

Trade Effluent control. 4.1. Both parties shall co-operate with the other in order to assist the other to comply with their respective statutory duties under the Act. 4.2. For the purpose of complying with paragraph 4.1 above: 4.2.1. the New Appointee shall deal with, issue and enforce all trade effluent consents (including those for short-term discharges of six months or less) granted to occupiers of trade premises which discharge to the New Appointee’s Sewerage Network in accordance with the Act (including carrying out any environmental assessment); 4.2.2. each party shall notify the other party as soon as reasonably practicable when it obtains knowledge of any incident occurring or of any particular matter being discharged that is capable of injuring any sewer or drain forming part of the Water Company’s Sewerage Network, interfering with the free flow of its contents or prejudicially affecting the treatment and or disposal of its contents or of any non-compliance with trade effluent consents; 4.2.3. the New Appointee shall notify the Water Company of any application for trade effluent consent or to vary the conditions attached to a trade effluent consent as soon as practicable and not less than within five days of receipt and shall supply to the Water Company a copy of the application and all supporting information provided by the applicant 4.2.4. the New Appointee shall notify the Water Company of: • its intent to give a direction varying the conditions attached to an existing consent; • within five days of it coming to the attention of the NAVNew AppointeeNAV, the cessation of any trade effluent discharge or a discharge that is referred to as in the Retail Market’s market operating system as “discontinued”; and • within five days of it coming to the attention of the NAVNew AppointeeNAV, any discharge that has significantly changed in volume and/or composition (whether or not it remains compliant with any relevant trade effluent consent); 4.2.5. within 50 days of receipt of the copy of the application for trade effluent consent or to vary the conditions attached to a trade effluent consent and all supporting information provided by the applicant, or where the New Appointee has notified its intent to give a direction varying the conditions attached to an existing consent, the Water Company shall use its best endeavours, acting reasonably and in good faith, to advise the New Appointee: • of the conditions which it considers should be imposed on any such grant or variation of the trade effluent consent which may be necessary or desirable because of any of the TE Decision Criteria; or • that any application for a new trade effluent consent or for variation of an existing trade effluent consent should be refused because of any of the TE Decision Criteria which advice shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts for either party and shall be copied to the applicant where applicable; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.6. where the Water Company requires the New Appointee to give a direction varying the conditions attached to an existing consent or refusal to grant a new trade effluent consent vary an existing one the Water Company shall provide the New Appointee with the reasons for requiring the variation, the required date of effect of the variation and advise the New Appointee of the conditions which it considers should be included in the variation; 4.2.7. the advice given under paragraph 4.2.6 shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.8. the New Appointee shall provide the Water Company with a copy of any refusal, variation or consent issued at the same time as notifying the discharger or its sewerage licensee; 4.2.9. if the application for trade effluent consent or to vary such consent or the intended direction varying the conditions attached to an existing consent is referred to the Environment Agency under section 120 of the Act or the New Appointee carries out its own (H1) assessment in lieu, the Water Company shall be notified of the referral or assessment and the outcome of the referral or assessment before the procedure set out in paragraph 4.2.5 above shall apply; 4.2.10. in the event of an appeal against the refusal of an application for, or variation of, a trade effluent consent, or any of the conditions attached to such a consent, or the time it has taken the New Appointee to issue a consent, the Water Company shall provide all reasonable support requested by the New Appointee to deal with the appeal and the Water Company shall, subject to the applicable procedural or other rules applying to the conduct of the appeal be entitled to request that the New Appointee include any written or other submissions that the Water Company may wish to make in respect of the appeal; 4.2.11. in considering whether to take enforcement action of the type set out in paragraph 4.2.12, the New Appointee shall take into account (but not be bound by) any code of practice or guidance in respect of trade effluent enforcement issued from time to time by the Water Company; 4.2.12. in the event of enforcement action being taken by the New Appointee for breach of section 111 or the trade effluent provisions of the Act, the Water Company shall provide all reasonable support requested by the New Appointee to support such enforcement action; 4.2.13. in the event of enforcement action under the Water Resources Act 1991 and/or the Environmental Permitting Regulations 2010 or any other relevant statutory provisions being taken against the Water Company by the Environment Agency or any other person in respect of the discharge from the Water Company’s treatment works into which the Discharge is received or the disposal of Biosolids or other waste from the Site, the New Appointee shall provide all reasonable support requested by the Water Company to deal with such enforcement action; and 4.2.14. in the event of an incident occurring which may reasonably risk a breach of a discharge consent issued to the Water Company by the Environment Agency under the Water Resources Act 1991 or under the Environmental Permitting Regulations 2010 or may reasonably risk a breach of any other legislative provision, the New Appointee shall respond and co-operate in timely fashion with any reasonable request made by the Water Company for support, for investigations to be carried out and for action to be taken by the New Appointee in relation to the New Appointee’s Sewerage Network to prevent, stop or mitigate the effects of any pollution which may be likely, or is occurring or has occurred. 4.3. For the purposes of paragraphs 4.2.11, 4.2.13, 4.2.14 and 4.4, “support” includes: 4.3.1. the provision of all reasonably necessary data and information; 4.3.2. the provision of sewerage network investigation technicians (immediately where there is an imminent risk of severe impact to persons, property or the environment) to carry out the following roles: manhole lifting, dye tracing, blockage clearing, underground pipe location, root cause analysis, and the formulation of written and advice and directions to the end user that are designed to avoid repeat occurrences; and 4.3.3. in the event of any proceedings, the provision of witnesses to attend court and give evidence relating, inter alia, to the control of trade effluent and any other relevant matter connected with the Water Company’s Sewerage Network or the New Appointee’s Sewerage Network, as the case may be. 4.4. The party providing the support or cooperation or information (the “Provider”) at the request of the other party (the “Requestor”) pursuant to this paragraph 4 shall be entitled to be reimbursed the reasonable and proper costs incurred by the Provider in providing such support or cooperation or information upon request (save to the extent that the costs under the request relate to a breach of this Agreement by the Provider), and provided that such request for reimbursement shall be accompanied by details of the basis of calculation of such costs.

Trade Effluent control. 4.1. Both parties shall co-operate with the other in order to assist the other to comply with their respective statutory duties under the Act. 4.2. For the purpose of complying with paragraph 4.1 above: 4.2.1. the New Appointee shall deal with, issue and enforce all trade effluent consents (including those for short-term discharges of six months or less) granted to occupiers of trade premises which discharge to the New Appointee’s Sewerage Network in accordance with the Act (including carrying out any environmental assessment); 4.2.2. each party shall notify the other party as soon as reasonably practicable when it obtains knowledge of any incident occurring or of any particular matter being discharged that is capable of injuring any sewer or drain forming part of the Water Company’s Sewerage Network, interfering with the free flow of its contents or prejudicially affecting the treatment and disposal of its contents or of any non-compliance with trade effluent consents; 4.2.3. the New Appointee shall notify the Water Company of any application for trade effluent consent or to vary the conditions attached to a trade effluent consent as soon as practicable and not less than within five days of receipt and shall supply to the Water Company a copy of the application and all supporting information provided by the applicant 4.2.4. the New Appointee shall notify the Water Company of: • its intent to give a direction varying the conditions attached to an existing consent; • within five days of it coming to the attention of the NAV, the cessation of any trade effluent discharge or a discharge that is referred to as in the Retail Market’s market operating system as “discontinued”; and • within five days of it coming to the attention of the NAV, any discharge that has significantly changed in volume and/or composition (whether or not it remains compliant with any relevant trade effluent consent); 4.2.5. within 50 days of receipt of the copy of the application for trade effluent consent or to vary the conditions attached to a trade effluent consent and all supporting information provided by the applicant, or where the New Appointee has notified its intent to give a direction varying the conditions attached to an existing consent, the Water Company shall use its best endeavours, acting reasonably and in good faith, to advise the New Appointee: • of the conditions which it considers should be imposed on any such grant or variation of the trade effluent consent which may be necessary or desirable because of any of the TE Decision Criteria; or • that any application for a new trade effluent consent or for variation of an existing trade effluent consent should be refused because of any of the TE Decision Criteria which advice shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts for either party and shall be copied to the applicant where applicable; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.6. where the Water Company requires the New Appointee to give a direction varying the conditions attached to an existing consent or refusal to grant a new trade effluent consent vary an existing one the Water Company shall provide the New Appointee with the reasons for requiring the variation, the required date of effect of the variation and advise the New Appointee of the conditions which it considers should be included in the variation; 4.2.7. the advice given under paragraph 4.2.6 shall be followed by the New Appointee insofar as it is reasonable for the New Appointee to follow such advice, acting at all times reasonably and in good faith to take account of the Water Company’s interests and any operational and financial impacts; and if the New Appointee feels unable to follow any such advice received from the Water Company, the New Appointee shall provide written reasons for not doing so; 4.2.8. the New Appointee shall provide the Water Company with a copy of any refusal, variation or consent issued at the same time as notifying the discharger or its sewerage licensee; 4.2.9. if the application for trade effluent consent or to vary such consent or the intended direction varying the conditions attached to an existing consent is referred to the Environment Agency under section 120 of the Act or the New Appointee carries out its own (H1) assessment in lieu, the Water Company shall be notified of the referral or assessment and the outcome of the referral or assessment before the procedure set out in paragraph 4.2.5 above shall apply; 4.2.10. in the event of an appeal against the refusal of an application for, or variation of, a trade effluent consent, or any of the conditions attached to such a consent, or the time it has taken the New Appointee to issue a consent, the Water Company shall provide all reasonable support requested by the New Appointee to deal with the appeal and the Water Company shall, subject to the applicable procedural or other rules applying to the conduct of the appeal be entitled to request that the New Appointee include any written or other submissions that the Water Company may wish to make in respect of the appeal; 4.2.11. in considering whether to take enforcement action of the type set out in paragraph 4.2.12, the New Appointee shall take into account (but not be bound by) any code of practice or guidance in respect of trade effluent enforcement issued from time to time by the Water Company; 4.2.12. in the event of enforcement action being taken by the New Appointee for breach of section 111 or the trade effluent provisions of the Act, the Water Company shall provide all reasonable support requested by the New Appointee to support such enforcement action; 4.2.13. in the event of enforcement action under the Water Resources Act 1991 Xxx 0000 and/or the Environmental Permitting Regulations 2010 or any other relevant statutory provisions being taken against the Water Company by the Environment Agency or any other person in respect of the discharge from the Water Company’s treatment works into which the Discharge is received or the disposal of Biosolids or other waste from the Site, the New Appointee shall provide all reasonable support requested by the Water Company to deal with such enforcement action; and 4.2.14. in the event of an incident occurring which may reasonably risk a breach of a discharge consent issued to the Water Company by the Environment Agency under the Water Resources Act 1991 Xxx 0000 or under the Environmental Permitting Regulations 2010 or may reasonably risk a breach of any other legislative provision, the New Appointee shall respond and co-operate in timely fashion with any reasonable request made by the Water Company for support, for investigations to be carried out and for action to be taken by the New Appointee in relation to the New Appointee’s Sewerage Network to prevent, stop or mitigate the effects of any pollution which may be likely, or is occurring or has occurred. 4.3. For the purposes of paragraphs 4.2.11, 4.2.13, 4.2.14 and 4.4, “support” includes: 4.3.1. the provision of all reasonably necessary data and information; 4.3.2. the provision of sewerage network investigation technicians (immediately where there is an imminent risk of severe impact to persons, property or the environment) to carry out the following roles: manhole lifting, dye tracing, blockage clearing, underground pipe location, root cause analysis, and the formulation of written and advice and directions to the end user that are designed to avoid repeat occurrences; and 4.3.3. in the event of any proceedings, the provision of witnesses to attend court and give evidence relating, inter alia, to the control of trade effluent and any other relevant matter connected with the Water Company’s Sewerage Network or the New Appointee’s Sewerage Network, as the case may be. 4.4. The party providing the support or cooperation or information (the “Provider”) at the request of the other party (the “Requestor”) pursuant to this paragraph 4 shall be entitled to be reimbursed the reasonable and proper costs incurred by the Provider in providing such support or cooperation or information upon request (save to the extent that the costs under the request relate to a breach of this Agreement by the Provider), and provided that such request for reimbursement shall be accompanied by details of the basis of calculation of such costs.