Water Services Act 2007
Licensing of discharges to sewers.
63.— (1) (a) A person other than a water services 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, either directly or indirectly, of any trade effluent or other matter (other than domestic waste water or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority, or a person providing water services under an agreement with a water services authority, except under and in accordance with a licence under this section granted by the water services authority which owns the sewer or in which the sewer is vested or by which it is controlled, or under an agreement with which a person providing water services is providing or otherwise controls such sewer.
(b) Notwithstanding paragraph (a), subject to section 92, the issue of a licence under this section to discharge to a sewer or part thereof which is owned, vested in or otherwise under the control of a person providing services under an agreement with a water services authority shall be subject to the agreement of that person to the discharge to the sewer.
(c) A licence issued under paragraph (a) to a water services provider in respect of the discharge of trade effluent or other matter (other than domestic waste water or storm water) to a sewer may, where the issuing authority is the same water services authority, be incorporated into the licence issued by that authority to the water services provider under Part 6 of this Act in respect of the provision of that water service which gives rise to the discharge in question to the sewer.
(2) (a) A water services authority may at its discretion—
(i) refuse to grant a licence under this section,
(ii) grant 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 water services authority shall take full account of—
(i) the objectives contained in any relevant plan under section 15 of the Act of 1977 and under section 36, and
(ii) whether the grant of such a licence would be prejudicial to the waste water works into which the proposed discharge would be made.
(3) A water services 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 of the Act of 1977, or would be inconsistent with requirements of subsection (2)(b).
(4) A water services authority shall take all such steps as may be appropriate in the discharge of its functions under this section, and under section 99E of the Act of 1992 as inserted by section 15 of the Protection of the Environment Act 2003, to ensure that the requirements of Schedule 2 are complied with in respect to the discharge of relevant waste water, and shall review, and if necessary revise, any licence concerned at intervals provided for in section 65.
(5) 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 water services authority,
(iv) measuring the intake of water to a premises for the purpose of assessing waste water discharge volumes,
(v) action to be taken in the event of an emergency,
(b) provide for the payment by the holder of the licence to the water services authority concerned of such amount or amounts, as may be determined by the water services authority having regard to the expenditure incurred or to be incurred by it, in relation to its administration of the licensing system provided for in this section, including monitoring the discharge of trade effluent or other matter, and
(c) specify a date not later than which any conditions shall be complied with.
(6) 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.
(7) Where, after 3 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, at any time, where such a discharge has ceased for a period of 3 years, the licence shall cease to have effect.
(8) A water services authority may serve on any person making, causing or permitting a discharge or entry in contravention of any of the provisions of this section, a notice 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.
(9) Where a person does not comply with a notice under subsection (8) within the period specified in the notice, the water services 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.
(10) A notice may be served under subsection (8) whether or not there has been a prosecution under this section.
(11) A person who contravenes subsection (1), fails to comply with a requirement applied by regulations under subsection (14), or who fails to comply with a notice under subsection (8) or a condition of a licence issued by a water services authority under this section, commits an offence.
(12) (a) A person who, in relation to an application for a licence under this section, or a review of a licence under section 65 or an appeal under section 66, when furnishing information under this section or when verifying any such information, makes a statement, in writing or otherwise, which is false or to his or her knowledge misleading in a material respect, commits an offence.
(b) Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.
(14) (a) The Minister may by regulations—
(i) apply the requirements of paragraph (a) of subsection (1) to such class or classes of domestic waste water or storm water, or
(ii) exempt from paragraph (a) of subsection (1) such class or classes of discharge,
as he or she considers appropriate in the circumstances.
(b) The Minister shall not make regulations under paragraph (a) without having consulted with any Minister of the Government whom he or she considers ought to be consulted in relation to the making of the regulations, having regard to his or her functions.
(c) Regulations under paragraph (a) may specify requirements in relation to exempted classes of discharge, without prejudice to the generality of which may provide for—
(i) measures to avoid risk to human health or the environment or prejudicial effect on the collection, treatment, recovery or disposal of such discharges,
(ii) monitoring and inspection, or
(iii) recovery of monitoring and inspection costs.
(15) It shall be a 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, provided that the licence was not obtained through intentional or negligent misrepresentation in the application.
(16) 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.
(17) It is an offence to contravene a regulation made under subsection (14) in respect of measures to avoid risk to human health or the environment or prejudicial effect on the collection, treatment, recovery or disposal of discharges.
(18) (a) Where a water services authority has obtained a court order in respect of the recovery of a charge to offset the costs incurred by it for the purpose of the treatment and recovery or disposal of the effluent to which a licence under this section relates and the charge remains unpaid, then a water services authority may by order declare that the licence stands revoked with effect from a date specified in the order and shall so stand revoked unless the charge is paid to the water services authority before that date.
(b) A licence revoked under paragraph (a) shall not be subject to appeal under section 66.
Deleted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 45(12), S.I. No. 575 of 2013, subject to subs. (24) which excludes certain provisions from effect of amendment.
Application of Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 4, to a licence granted under section confirmed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 4(4)(d), S.I. No. 433 of 2011.