Legacy arrangements
Some business customers may have a legacy charging arrangement with their Local Authority or water service authority.
Some business customers may have a Legacy Charging Arrangement with their Local Authority or waste water service authority for trade effluent discharge.
The CRU has published its Decision Paper on Uisce Éireann’s Non-Domestic Charging Framework which sets out the tariff framework which will generally apply to all of Uisce Éireann’s trade effluent customers.
Uisce Éireann expects that there will only be a very small number of Applications made to it in relation to Legacy Charging Arrangement for trade effluent and that the vast majority of Uisce Éireann's trade effluent customers will transition to the harmonised trade effluent tariffs that will be set out once the CRU publish their decision on Uisce Éireann’s Non-Domestic and Trade Effluent Tariff Framework later this year. As per the CRU’s Decision on Uisce Éireann’s Non-Domestic Tariff Framework (CRU/19/074):
“the CRU does not have legal powers to assess or approve legacy legal agreements or contracts made between Local Authorities and non-domestic customers. Uisce Éireann will need to make a determination as to whether it is legally bound to honour an individual agreement or contract.”
The strict legal criteria under which a Legacy Charging Arrangement will be assessed are set out below and should be reviewed in full.
It is important to bear in mind that every Applicant will need to demonstrate to Uisce Éireann how the provisions set out in the Legacy Charging Arrangement are now binding on Uisce Éireann. To do so they will need, amongst other things, to establish that the Legacy Charging Arrangement has been specifically transferred to Uisce Éireann by way of a Ministerial Order or that the Legacy Charging Arrangement relates to land or other property which has vested in Uisce Éireann by way of a Ministerial Order.
Uisce Éireann has compiled a process document in an effort to set out clearly how Uisce Éireann will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement for a trade effluent customer.
Process
The 'Legacy Charging Arrangement - Uisce Éireann Process' sets out clearly how Uisce Éireann will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement.
In summary, Uisce Éireann will consider itself bound by a Legacy Charging Arrangement where all of the following criteria are fulfilled:
- The Applicant can demonstrate to Uisce Éireann that the Legacy Charging Arrangement has clear terms (including in relation to price) which set out the basis on which a water services authority was to accept the discharge of trade effluent; and
- The Applicant can demonstrate to Uisce Éireann that consideration for money or money's worth was provided to the water services authority for the acceptance of the discharge of trade effluent on those terms; and
- The rights and liabilities in the Legacy Charging Arrangement have transferred to Uisce Éireann pursuant to sections 12, 13 or 14 of the Water Services (No. 2) Act 2013; and
- Uisce Éireann is satisfied that on the balance of probabilities the evidence provided establishes the existence and the terms of the Legacy Charging Arrangement.
Just to note as per Section 1.4 , “for the avoidance of doubt, Legacy Charging Arrangement to be considered under criteria (b) will not include references to charges in licences issued under legislation in relation to the discharge of trade effluent (any reference to charges in such licences being superseded and replaced by charges calculated in accordance with the applicable Water Charges Plan as approved by the Commission for Regulation of Utilities (CRU) under Section 22 of the Water Services (N0.2) Act 2013).”
The Process relates to Legacy Charging Arrangement only and does not have any bearing on, or relevance to, the other matters set out in Uisce Éireann’s Non-Domestic Charging Framework.
Apply for a review
You can apply to Uisce Éireann to review an existing arrangement that contains terms and tariffs that are different to the new trade effluent tariffs. To do this download and complete the Legacy Charging Arrangement application form. Send the completed form along with copies (no originals) of relevant documentation to Uisce Éireann:
- Email business@water.ie
- Post it to Uisce Éireann, P.O. Box 860, South City Delivery Office, Cork City, Cork