Local Government (Water Pollution) Act 1977

Licensing of trade and sewage effluents.

4

4. (1) ( a) Subject to subsection (2), a person shall not, after such date as may be fixed for the purpose of this subsection by order made by the Minister, discharge or cause or permit the discharge of any trade effluent or sewage effluent to any waters except under and in accordance with a licence under this section.

( b) A licence under this section may be granted—

(i) in the case of a discharge to waters in the functional area of a local authority, by that local authority, and

(ii) in any other case, by a local authority in whose functional area any premises, works, apparatus, plant or drainage pipe from which the effluent is discharged is situated.

F9 [ ( c ) In this subsection a discharge to waters includes a discharge from a septic tank or other waste water treatment system to a percolation area or to soil. ]

(2) Subsection (1) does not apply to discharges—

( a) to tidal waters from vessels or marine structures,

( b) from a sewer, or

( c) the subject of regulations under subsection (10).

(3) ( a) A local 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 local authority shall have regard to the objectives contained in any relevant plan under section 15.

(4) A local authority shall not grant a licence under this section in respect of the discharge of an effluent which would not comply with, or would result in the waters to which the discharge is made not complying with, any relevant standard prescribed under section 26.

(5) Without prejudice to the generality of subsection (3), 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, the periods during which a discharge may be made or may not be made, the effect of a discharge on receiving waters and the design and construction of outlets for a discharge;

(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 local authority;

(iv) the prevention of a discharge in the event of breakdown in plant;

( b) require defrayment of or contribution towards the cost incurred by the local authority in monitoring a discharge,

( c) specify a date not later than which any conditions shall be complied with, and

( d) require the payment to the local authority which granted the licence of a charge or charges prescribed under, or calculated in accordance with the method prescribed under, section 6 (2) ( e).

(6) Any conditions attached to a licence under this section shall be binding on any person discharging, or causing or permitting the discharge of, effluent to which the licence relates.

(7) 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.

F10 [ (8) A person who contravenes subsection (1) 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) F11 [ ]

(10) The Minister may, after consultation with the Minister for Fisheries and the Water Pollution Advisory Council, by regulations exempt from subsection (1) such effluent or classes of effluent as he specifies in the regulations, including effluent or classes of effluent discharged to specified or specified classes of waters or to waters in specified areas or to waters specified by reference to their use.

(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 discharge, or cause or permit the discharge of, trade effluent or sewage effluent to waters.

Annotations:

Amendments:

F9

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 109(a), S.I. No. 846 of 2007, art. 2.

F10

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(b), 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(2) and table ref. no. 1, S.I. No. 662 of 2010.

F11

Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.

Modifications (not altering text):

C10

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.

]

C11

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.

C12

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.

C13

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.

C14

Application of subs. (1) restricted (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978), reg. 4 and sch. 1.

4. The classes of effluent specified in the First Schedule shall be exempt from subsection (1) of section 4.

Article 4

FIRST SCHEDULE

EXEMPTED EFFLUENTS

Classes of Effluent

Class I: Domestic sewage not exceeding in volume 5 cubic metres in any period of 24 hours which is discharged to an aquifer from a septic tank or other disposal unit by means of a percolation area, soakage pit or other method.

Class II: Trade effluent discharged by a sanitary authority in the course of the performance of its powers and duties, other than from a sewer.

Editorial Notes:

E13

Prospective affecting provision: license under may reviewed where a drain or part of a drain through which relevant effluent is discharged is declared to be a sewer as provided by Water Services Act 2007 (30/2007), s. 69(6)(c), not commenced as of date of revision.

E14

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).

E15

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.

E16

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.

E17

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).

E18

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.

E19

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.

E20

Power pursuant to subs. (1) exercised (1.10.1978) 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. 3.

E21

Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).

E22

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.

E23

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).

E24

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).

E25

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.

E26

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.

E27

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.