Drainage
Who is Responsible?
If there’s a blockage in a drainage pipe or sewer, responsibility for fixing it depends on where the problem is.
As a property owner, you’re responsible for:
- All the pipes inside the property. These include toilets, sink drains and any outdoor guttering or pipes attached to the property.
- The pipes that drain water and waste from other buildings associated with the property, for example a garage.
- The section of pipe that goes into the ground, either directly or into a gully close to the property, until it reaches a shared drainage pipe, public sewer or leaves the curtilage of the property.
- Private drainage systems that aren’t connected to the sewerage network, including cesspools, septic tanks, private pumping station and micro treatment plants.
You will have to pay to get work done to your private drains, but this is often covered by your buildings insurance.
In some circumstances, your local authority environmental health department can order for improvement work to be carried out or replace a private drain. They might do this if, for example, they consider a drain to be defective and it is causing a risk to health or causing a nuisance.
If necessary, a local authority can carry out the work themselves and then charge you for it.
Sewerage companies are responsible for:
- All pipes once they connect with the drainage from another property and become a lateral drain, carrying wastewater to a sewer. This may be within the curtilage of a private property.
- All pipes serving a property once they leave the curtilage of the property.
- All public sewers
Within our District the Sewerage companies differ depending on the area, they are:
- Yorkshire Water: 08451 242424
- Severn Trent Water: 0800 783 4444
Local Authorities have no jurisdiction over the actions of the water companies.
Local authorities’ responsibilities:
Local authorities function as landlords for council houses and owners of civic buildings are responsible for maintaining the drains for these properties. They are responsible for maintaining some highway drains.
Highways England’s responsibilities:
Highways England are responsible for maintaining the highway drains on the major transport network.
Land drainage and culverts
Land drains, open ditches, natural springs, streams and rivers are generally the responsibility of the owner of the land in which they are situated. The Environment Agency is the enforcement authority for main rivers. A culvert is a watercourse, stream, or natural flow of water that is piped or channelled underground. The owner of the land through which the culvert or water course is running is responsible for maintenance of the culvert.
The Local Authority act in an advisory capacity only with land drainage enquiries, but in the case of culverts we may act to make sure they are kept free of debris, as there can occasionally be a flooding risk, depending on the location.
Environmental crime
The Environmental Enforcement Team deal with all aspects of environmental crime enforcement such as fly tipping, and abandoned/nuisance vehicles.
Officers carry out regular litter patrols on foot and in vehicles, throughout the district, issuing fixed penalties where offences are witnessed. Mobile cameras are deployed at fly tipping and littering hotspots to catch and prosecute offenders.
We also take action against those who transport waste without a valid waste carrier’s license and householders who pass their waste to unauthorised waste carriers.
The team also works with businesses to ensure compliance with their commercial waste duty of care.
The team also deals with the collection and kennelling of stray dogs, and the enforcement of dog microchipping, and the recently implemented dog control Public Spaces Protection Order which can be found on the council website.
Food safety and communicable diseases
We regularly inspect premises where food is prepared and sold, to make sure they meet hygiene and food safety requirements, and that safe working practices are maintained. Those businesses which represent the highest potential risk to consumers will be inspected more frequently.
We also investigate where appropriate reported cases of food poisoning and communicable diseases, along with complaints about unfit food.
Our Food Safety Team can also give advice and support to people wishing to start a new business to help them comply with the law right from the start.
Food Hygiene Rating Score
All food businesses are subject to a routine food hygiene inspection. Those businesses that serve the final consumer, such as takeaways and restaurants, are given a food hygiene rating.
Businesses are rated zero to five (the highest score) and issued with a sticker for them to display their rating.
You can search to find a rating of a local business on the Food Standards Agency website.
The ratings show the hygiene standards of the business as follows:
0 - Urgent improvement necessary
1 - Major improvement necessary
2 - Improvement necessary
3 - Generally satisfactory
4 - Good
5 - Very good
How do I make a food safety or hygiene complaint?
Please contact us on the number below. We will respond to all complaints within three working days, or where necessary, for example food poisoning incidents, we will respond sooner.
Where adequate standards are not being met we will require the business owner to make the necessary improvements. We will take enforcement action where appropriate.
Information for businesses
Most types of food business need to be registered with us at least 28 days before they start operating – registration is free and can be done online. You can find further information and register your food business using the online food registration form available on the Food Standards Agency website.
All food businesses have to put in place procedures based on what are known as the Hazard Analysis Critical Control Point (HACCP) principles. This simply means thinking about what could possibly go wrong with the foods produced or sold, and taking practicable steps to reduce or remove these hazards.
We are happy to provide information and guidance to help businesses to comply with food safety law, but we can and do take legal action against traders for food related offences.
Industrial processes
Certain types of industrial processes need an environmental permit to operate from the Council. The types of processes which come under these controls are wide ranging and include open cast coal working, foundries, paint sprayers and petrol stations.
These are generally processes which may give rise to dust, smoke, odour, fumes and noise, and the aim is to limit the amount of pollution the process may create in order to protect the health of the general public and the environment as a whole. Each process is subject to regular inspection according to their risk rating.
What can I do if I encounter pollution?
If you come across pollution, whether from a specific premises or on land, in the air, or in the water, please contact us on the number below. We will investigate complaints of pollution within three working days of being notified or sooner if deemed urgent. Not all incidents of pollution fall within our power to act – some are dealt with by the Environment Agency. However, we will make sure your complaint is passed onto the relevant body.
You should keep animals and children away from the location, for their own safety. If the pollution is on your property, you must take reasonable steps to protect others that may be in the vicinity, such as footpath users.
If you are responsible for the pollution, we will advise you of your legal responsibilities, and the action we propose to take. This may include enforcement action, in which case we will also advise you of any right to appeal against our decision.
Licensing
We license and regulate individuals and businesses across North East Derbyshire to ensure the safety and health of individuals and welfare of animal standards are maintained. We issue licenses for alcohol, entertainment and taxi and private hire vehicles. We also regulate amusements, fund-raising and animal boarding, breeding and riding establishments.
Do I need a licence?
A business licence is an official permit that allows an individual or company to conduct particular business activities regulated by the Council.
Licences are required for Hackney Carriages (Taxis) and Private Hire vehicles, regulated entertainment, the sale/supply of alcohol, lotteries and a range of commercial and non-commercial activities.
If you wish to open a new business or arrange a fund-raising event, you should check with us to see if a licence or permission is required.
The process for getting a licence varies according to the type of activity. Contact us on the number below.
Will I have to pay for a licence?
A fee is payable for most licence types but this should be no more than is necessary to cover the cost of issuing and inspection. Some fees are set by Government and we have no control over these.
Is the information I provide confidential?
Generally, yes, but for some types of licence we may need to publish details to allow people to comment on the application.
How long will it take to get a licence?
This depends on the type of licence you are applying for. We will normally give you a decision within six weeks, unless objections are received which means the decision needs to be considered by the Licensing Sub-Committee.
We will aim to acknowledge general enquiries and complaints, within three working days, and give a detailed response within 15 working days. If you’re planning an activity that might need a licence, contact us as early as you can.
Will the licence have conditions attached?
Almost all Licences have conditions attached, some are mandatory but we will ensure that those we apply will be relevant and proportionate.
If your application is refused or you think the conditions are unreasonable generally you have a right of appeal. We’ll provide details of how to appeal when we notify you of our decision.
Noise and other nuisance
We deal with enquiries from people who are affected by nuisance, and take steps to resolve problems at premises that are witnessed causing a nuisance. The most common enquiries are about noise disturbance from domestic premises, such as loud music and televisions, barking dogs, vehicle repairs and DIY noise.
For us to take action we need to be sure that the problem is a ‘statutory noise nuisance’ – that is, ‘noise emitted from premises so as to be prejudicial to health or a nuisance.’ Generally this means that the actions at one premises are detrimentally affecting the normal use of another premises, for example music is regularly being played through the night at one premises, at a level that is preventing the occupiers of another premises sleeping.
How do I make a complaint?
Initially the best way to deal with a problem is to approach the source and talk to the person or company responsible. You may find that they don’t know they are disturbing you and often a friendly informal approach is enough to sort out the problem.
If this approach isn’t suitable or doesn’t work, you can register noise complaint online or call us on the number below and we will begin a nuisance investigation.
What will happen following the receipt of a complaint?
Generally the first action will be for the customer to keep diary records, detailing the days and times when they consider that a nuisance is being experienced.
Following the return of a diary record, Officers may visit to witness the nuisance. If we agree that the noise is a causing a ‘statutory nuisance’ we can ask the person to reduce the amount of noise they are making, or where necessary we can serve an ‘Abatement Notice’ enforcing that the noise stops or reduces.
If this doesn’t work we may be able to seize the equipment being used to make the noise or ultimately take court action which can result in an unlimited fine. Where an offender is aggressive or violent we can also work with the police to serve a Criminal Behaviour Order.
How do I avoid causing a noise nuisance to others?
Often, the person making the noise doesn’t realise they are causing a nuisance to other people – visit our Noise Nuisance page for advice on how to avoid being a noisy neighbour.
Other statutory nuisance
There are other kinds of statutory nuisance which we have powers to deal with under The Environmental Protection Act 1990. These include:
- Smoke emissions from burning materials, e.g. bonfires
- Fumes, gases and offensive odours
- Animal odours and faeces from the keeping of animals
- Artificial light
- Insects (industrial, trade or business premises only)
Pest control
We provide advice and treatment services for a variety of pests including:
- Ants
- Fleas
- Cockroaches
- Mice (only inside)
- Wasps
- Fumigation of empty properties
- Rats
- Bed bugs
- Other insects, e.g. silverfish, carpet beetles, grain weevils.
We don’t deal with complaints about foxes, rabbits, squirrels, moles, slugs, spiders, bats or birds. We can’t treat every pest problem, but can offer free advice on any type of infestation and can identify most types of pest.
Call us on the number below to view our current charges and further information on specific treatments.
For treatments there is a non-refundable call out fee of £25. A 50% concessionary discount on all charges (including the call out fee) is available to customers in receipt of certain income-related benefits.
Pollution
We make sure that land in North East Derbyshire is fit for use and does not pose a health risk to people, animals, water or property. We also monitor local air quality.
Industrial processes
Certain types of industrial processes need an environmental permit to operate from the Council. The types of processes which come under these controls are wide ranging and include open cast coal working, foundries, paint sprayers and petrol stations. These are processes which release emissions to air, the aim is to limit the amount of pollution the process may create in order to protect the health of the general public and the environment as a whole. Each process is subject to regular inspection according to their risk rating.
We maintain a public register of all the regulated industrial processes within the district. A copy of this can be found on our Regulation of Industrial Processes page.
Land pollution (Contaminated Land)
We identify, inspect and (where necessary) arrange work to improve land which has been contaminated by its former use. Land can become contaminated when potentially harmful substances are released into the land and water sources.
The contamination may be historic as a result of poor working practices or accidental spills, or may be from more recent or ongoing activities. Changes in environmental legislation now regulates industry to minimise pollution, but historical land contamination must still be dealt with.
We will investigate complaints about land pollution and take action to ensure that polluted land is cleaned up.
The Council is currently establishing its priorities for inspecting land which may be contaminated within the meaning of the Environmental Protection Act 1990 Part IIA. Should any land be suspected to be contaminated then further investigations will be carried out in accordance with the Act and Statutory Guidance. As no regulatory action has been taken there are no entries in any register under section 78 of the Environmental Protection Act 1990.
Air quality
We operate an ongoing monitoring programme across the district for atmospheric pollutants and take action to make sure that problems are dealt with swiftly. We report air quality in the district to the government on a regular basis and work with other agencies to ensure that the National Air Quality Standards are not exceeded.
Further details of the work that we do can be found on our Air Quality page.
What can I do if I encounter pollution?
If you come across pollution, whether from a specific premises or on land, in the air, please contact us on the number below. We will investigate complaints of pollution within three working days of being notified or sooner if deemed urgent. Not all incidents of pollution fall within our power to act – the pollution of water courses are generally dealt with by the Environment Agency, reports can be made on the Government's 'Report an environmental incident' page (see also the Drainage Pipes information).
You should keep animals and children away from the location, for their own safety. If the pollution is on your property, you must take reasonable steps to protect others that may be in the vicinity, such as footpath users. If you are responsible for the pollution, we will advise you of your legal responsibilities, and the action we propose to take. This may include enforcement action, in which case we will also advise you of any right to appeal against our decision.
Smoke-free legislation
We are responsible for enforcing the smoke free legislation, which makes it illegal to:
- Smoke in any public enclosed premises
- Permit others to smoke in any public enclosed premises
- Fail to display warning notices in public enclosed premises
Smoke-free premises
The law applies to all ‘enclosed’ and ‘substantially enclosed’ public places and workplaces. This includes both permanent and temporary premises, such as tents and marquees.
A premises is considered enclosed if it has a roof or ceiling and, with the exception of doors, windows or passageways, is wholly enclosed either on a permanent or temporary basis.
Substantially enclosed premises have a ceiling /roof, but have an opening in the walls which is less than half the total area of the walls. This does not include doors, windows or any fittings that can be opened or shut.
If you are not sure which type of premises you have, please contact us on the number below.
Contact us
For more information contact Environmental Health on (01246) 231111.