Local Government (Water Pollution) Act 1977
Licensing of discharges to sewers.
16. — (1) A person other than a sanitary authority shall not, after such date as may be fixed for the purpose of this section by order made by the Minister, discharge or cause or permit the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, except under and in accordance with a licence under this section granted by the sanitary authority in which the sewer is vested or by which it is controlled.
(2) (a) A sanitary authority may at its discretion refuse to grant a licence under this section or may grant such a licence subject to such conditions as it thinks appropriate and specifies in the licence.
(b) In considering whether or not to grant a licence under this section a sanitary authority shall have regard to the objectives contained in any relevant plan under section 15.
(3) A sanitary authority shall not grant a licence under this section in respect of the discharge of a trade effluent which would not comply with any relevant standard prescribed under section 26.
(4) Without prejudice to the generality of subsection (2), conditions attached to a licence under this section may—
(a) relate to—
(i) the nature, composition, temperature, volume, rate, method of treatment and location of a discharge and the periods during which a discharge may be made or may not be made;
(ii) the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers;
(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority;
F40[(b) provide for the payment by the holder of the licence to the sanitary authority concerned of such amount or amounts as may be determined by the sanitary authority having regard to the expenditure incurred or to be incurred by it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area.]
(c) specify a date not later than which any conditions shall be complied with.
(5) Any conditions attached to a licence under this section shall be binding on any person discharging, or causing or permitting the discharge of, trade effluent or other matter to which the licence relates.
(6) Where after three years from the date on which a licence under this section is granted no discharge of the type authorised by the licence has been made, or where such a discharge has ceased for a period of three years, the licence shall cease to have effect.
(7) A person shall not permit or cause the entry of any polluting matter, including sewage, to any drain or sewer provided solely for the reception or disposal of storm water.
F41[(8) A person who contravenes subsection (1) or (7) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.]
(9) F42[…]
(10) The Minister may, after consultation with the Minister for Fisheries, by regulations exempt from subsection (1) such classes of discharge as he specifies in the regulations.
(11) It shall be a good defence to a prosecution for an offence under any enactment other than this Act that the act constituting the alleged offence is authorised by a licence under this section.
(12) A person shall not be entitled solely by reason of a licence under this section to make, cause or permit a discharge to a sewer.
(13) A sanitary authority may serve on any person making, causing or permitting a discharge or entry in contravention of subsection (1) or (7) a notice in writing requiring the ceasing of the contravention within such period as may be specified in the notice and requiring mitigation or remedying of any effects of the contravention within such period and in such manner as may be so specified.
F44[(13A) Where a notice under this section is not complied with, the person on whom it was served commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]
(14) Where a person does not comply with a notice under subsection (13) within the period specified in the notice, the sanitary authority which served the notice may take any steps it considers necessary to prevent the discharge or entry or to mitigate or remedy any effects of the contravention and may recover the cost of such steps from the person on whom the notice is served as a simple contract debt in a court of competent jurisdiction on satisfying the court that that person is responsible for the contravention.
(15) A notice may be served under subsection (13) whether or not there has been a prosecution under this section.
Annotations:
Amendments:
F40
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 12(a), commenced on enactment.
F41
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(g)(i), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
F42
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
F43
Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 12(b), commenced on enactment.
F44
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(g)(ii), S.I. No. 846 of 2007, art. 2.
F45
Repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.
Modifications (not altering text):
C30
Prospective affecting provision: section repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.
16. — F45[…]
C31
Application of section restricted by Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(b), (2)(b) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
[Provisions supplemental to, and consequential on, section 83.
84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under— ...
(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, or
...
shall not be granted in relation to such activity.
(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under— ...
(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, or
...
shall cease to have effect in relation to such activity.
…]
C32
Application of subss. (7), (8), (13), (14) and (15) modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
|
Section |
Provision |
|
... |
... |
|
16 |
Subsections (7), (8), (13), (14) and (15). |
|
... |
... |
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to "local authority" or "sanitary authority" in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
...
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts, 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts. 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— ...
Section 16 (15) of the Act of 1977
"(15) A notice may be served under subsection (13) whether or not there has been a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or under this section in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this section.".
...
C33
Application of section restricted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(5)(b), S.I. No. 192 of 1996.
Grant of waste licences.
40.— ...
(5) Where a waste licence is granted in relation to an activity, a licence under— ...
(b) section 4 or 16 of the Local Government (Water Pollution) Act, 1977, or
...
shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.
C34
Application of subss. (7), (8), (13), (14) and (15) modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
|
Section |
Provision |
|
... |
... |
|
16 |
Subsections (7), (8), (13), (14) and (15). |
|
... |
... |
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to "local authority" or "sanitary authority" in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts, 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— ...
Section 16 (15) of the Act of 1977
"(15) A notice may be served under subsection (13) whether or not there has been a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or under this section in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this section.".
...
C35
Application of section restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(5)(ii), commenced on enactment.
Grant of licences.
83.— ...
(5) Where a licence or revised licence is required under this Part in respect of an activity— ...
(a) a licence under— ...
(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977, or
...
shall not be granted in relation to such activity.
C36
Minister required to consult in relation to making of regulations under subs. (10) as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 29, commenced on enactment.
Consultation by Minister in relation to making of regulations.
29.—(1) Where the Minister considers that, having regard to the functions of any Minister of the Government, that Minister of the Government ought to be consulted in relation to the making of regulations under section 4 (10), 16 (10), 24, 25 (1), 26 (1) or 27 (1) of the Principal Act, he shall not make the regulations without having consulted with that Minister of the Government.
(2) So much of the enactments aforesaid as provide for consultation with specified persons in relation to the making of regulations shall cease to have effect.
Editorial Notes:
E94
Costs of proceedings under section to be borne by each party in certain circumstances as provided (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011, ss. 3, 4(1), (4)(c), 5-7, S.I. No. 433 of 2011.
E95
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E96
License under section may lapse for temporary period during take-over of operation or management of a waterworks or waste water works as provided (31.12.2007) by Water Services Act 2007 (30/2007), s. 91(6), S.I. No. 846 of 2007.
E97
Offence under section is an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(e).
E98
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E99
A summary offence under section may be prosecuted by a local authority in or adjoining whose functional area any of the waters concerned are situated, [Inland Fisheries Ireland] or any other person affected as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(b), commenced on enactment, as amended (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8 and sch. 2 part 6 item 2, commenced as per s. 5(2) and S.I. No. 262 of 2010.
E100
Power pursuant to subs. (1) exercised (1.01.1979) by Local Government (Water Pollution) Act, 1977, (Sections 4 and 16) (Fixing of Dates) Order 1978 (S.I. No. 16 of 1978), in effect as per art. 4.
E101
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E102
Previous affecting provision: application of section restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(5)(a)(ii), (6)(a)(ii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E103
Previous affecting provision: Minister empowered to require transfer of certain functions to EPA (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 95(1)(a)(ii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E104
Previous affecting provision: offence under section was an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(e), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E105
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
E106
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
E107
Previous affecting provision: subs. (13A) inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 12(b), commenced on enactment; substituted as per F-note above.
E108
Previous affecting provision: application of section modified and fines increased (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(1), commenced on enactment; section repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.