Part 7: Nutrient Pollution Standards 9A Nutrient significant sewage disposal works: environmental damage
New regulation 9A(1) sets out the circumstances when this regulation applies, that is where a sewerage undertaker fails to secure the plant is able to meet the nutrient pollution standard as set out in the duty in section 168 (Nutrient pollution standards to apply to certain sewage disposal works).
	Paragraph (2) determines that any excess nutrient pollution is to be treated for the purposes of these regulations as environmental damage to the related habitats site caused by an activity of the sewerage undertaker that requires a permit under the Environmental Permitting (England and Wales) Regulations 2016 and falls within Schedule 2 of the 2015 Regulations.
	Paragraph (3) defines "excess nutrient pollution" as used in subsection (2). This is the nutrient pollution attributable to the failure of a plant to meet the nutrient pollution standard by the upgrade date or applicable date, i.e. the amount by which any nutrient pollution discharged by a plant between the upgrade date or applicable date and the date the nutrient pollution standard is met, exceeds the amount of nutrient pollution that would have been discharged had the nutrient pollution standard been met by the upgrade date or applicable date.
	Paragraph (4) clarifies the following modifications (in paragraphs (5)(6) and (7)) are to be made to paragraph (3) to account for excess nutrient pollution in catchment permitting areas where the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed relating to nutrients in treated effluent for the relevant purpose.
	Paragraph (5) specifies references to the "upgrade date" are to be read as the "applicable date".
	Paragraph (6) makes modifications to account for a condition imposed on a permit that relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area.
	Paragraph (7) specifies that the "applicable date" is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.
	Paragraph (8) sets out that it is for the Environment Agency to determine the excess nutrient pollution discharged by a plant. This is the nutrient pollution attributable to the failure of a plant to meet the nutrient pollution standard by the upgrade date or applicable date (see paragraph (3)).
	Paragraph (9) directs to Schedule 2ZA for modifications of the 2015 Regulations that apply where new regulation 9A applies.
	Paragraphs (10) and (11) define terms used in this regulation with reference to the Water Industry Act 1991.
	Subsection (3) inserts new Schedule 2ZA into the 2015 Regulations.