Local Government (Water Pollution) Act 1977

Quality standards, etc.

26

26. β€” (1) The Minister may, after consultation with the Minister for Fisheries, the Minister for Industry and Commerce, any other Minister who appears to him to be interested and the Water Pollution Advisory Council, prescribe for the purposes of this Act quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents.

F61[(1A) Regulations under this section shall not relate to sewage or other effluents from any works, apparatus, treatment plant, sewer or drainage pipe vested in, or controlled or used by, a sanitary authority for the disposal of sewage or other effluents to any waters.]

(2) Regulations under this section may relate toβ€”

(i) all or specified, or specified classes of, waters, trade effluents or sewage effluents,

(ii) waters, trade effluents or sewage effluents in specified areas, or

(iii) waters specified by reference to their use.

(3) Where regulations under this section relate to sewage effluent from a sewer or to waters to which sewage effluent from a sewer discharges, it shall be the duty of the sanitary authority in which the sewer is vested or by which it is controlled to take steps as soon as practicable to ensure that the sewage effluent complies with, or does not result in the waters to which the effluent is discharged not complying with, any relevant standard prescribed under this section.

F62[(4) (a) Regulations under this section may require persons to take such steps as may be specified in the regulations to secure compliance with quality standards standing prescribed under subsection (1) and may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purpose of the regulations (including provisions modifying any provision of the Local Government (Water Pollution) Acts, 1977 and 1990).

(b) Where it is proposed to make regulations under this section modifying a provision of this Act, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft shall have been passed by each such House.]

Annotations:

Amendments:

F61

Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 59(8), commenced on enactment.

F62

Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 18, commenced on enactment.

Modifications (not altering text):

C48

Minister required to consult in relation to making of regulations under subs. (1) 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.β€”(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:

E146

Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(c), not commencd as of date of revision.

E147

EPA required, where necessary, to review licence, as soon as may be after the regulations are made, where regulations under section relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged by Environmental Protection Agency Act 1992 (7/1992), s. 90(5)(d) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E148

Power pursuant to section exercised (24.06.1996) by Local Government (Water Pollution) (Amendment) Regulations 1996 (S.I. No. 184 of 1996), in effect as per reg. 2.

E149

Power pursuant to section exercised (2.08.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Edc, Tri, Per and Tcb Discharges) Regulations 1994 (S.I. No. 245 of 1994).

E150

Power pursuant to section exercised (2.03.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, Ddt and Pentachlorophenol Discharges) Regulations 1994 (S.I. No. 43 of 1994).

E151

Power pursuant to section exercised (3.12.1993) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, Hcb, Hcbd and Chc13 Discharges) Regulations 1993 (S.I. No. 348 of 1993).

E152

Power pursuant to section exercised (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), in effect as per reg. 2.

E153

Power pursuant to section exercised (5.03.1986) by Local Government (Water Pollution) Act, 1977, (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (S.I. No. 55 of 1986).

E154

Power pursuant to section exercised (16.09.1985) by Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 (S.I. No. 294 of 1985), in effect as per reg. 2.

E155

Previous affecting provision: power pursuant to section exercised (6.02.2001) by Quality of Bathing Waters (Amendment) Regulations 2001 (S.I. No. 22 of 2001); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.

E156

Previous affecting provision: power pursuant to section exercised (9.10.2001) by Quality of Shellfish Waters (Amendment) Regulations 2001 (S.I. No. 459 of 2001); revoked (22.05.2006) by European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006), reg. 10.

E157

Previous affecting provision: power pursuant to section exercised (6.02.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), in effect as per reg. 1(2); revoked (16.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70.

E158

Previous affecting provision: power pursuant to section exercised (12.02.1999) Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999); revoked (22.12.2013) by European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010), reg. 61.

E159

Previous affecting provision: power pursuant to section exercised (24.07.1998) by Local Government (Water Pollution) Act, 1977 (Water Quality Standards For Phosphorus) Regulations 1998 (S.I. No. 258 of 1998); revoked (16.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70.

E160

Previous affecting provision: power pursuant to section exercised (4.06.1998) by Quality of Bathing Waters (Amendment) Regulations 1998 (S.I. No. 177 of 1998); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.

E161

Previous affecting provision: power pursuant to section exercised (31.07.1996) by Quality of Bathing Waters (Amendment) Regulations 1996 (S.I. No. 230 of 1996); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.

E162

Previous affecting provision: power pursuant to section exercised (8.07.1994) by Quality of Shellfish Waters Regulations 1994 (S.I. No. 200 of 1994); revoked (22.05.2006) by European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006), reg. 10.

E163

Previous affecting provision: power pursuant to section exercised (17.05.1994) by Quality of Bathing Waters (Amendment) Regulations 1994 (S.I. No. 145 of 1994); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.

E164

Previous affecting provision: power pursuant to section exercised (22.06.1992) by Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992); revoked (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.

E165

Previous affecting provision: EPA required, where necessary, to review regulations made under section which relate to an effluent the discharge of which is authorised by a licence or to the waters to which such effluent is discharged (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 88(4)(d), 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.