Water Pollution
Water Pollution Act
Interpretation.
1. — (1) In this Act—
“agriculture” includes the breeding, keeping and sale of livestock (including pigs, poultry and any creature kept for the production of food, wool, skins or fur) and the making and storage of silage;
F1[“aquifer” means any stratum or combination of strata that stores or transmits groundwater;]
“board of conservators” means a board of conservators under the Fisheries Acts, 1959 to 1976, and includes the Foyle Fisheries Commission;
F1[“combined drain” means a drainage pipe, or a system of such pipes, that is not vested in or controlled by a sanitary authority and is used to convey trade effluent or other matter (other than storm water) from two or more premises to any waters or to a sewer;]
“fish” has the same meaning as in the Fisheries Acts, 1959 to 1976;
F1[F2[…]]
“licence”, in relation to licences under section 4 or 16, includes, where the context permits, such a licence revised under section 7 or 17;
“local authority” (except in section 25 (5) (b)), means—
(a) F3[…]
(b) F3[…]
(c) in the case of a county borough, the corporation of the county borough, and
(d) in the case of any F3[…] administrative county, the council of the county,
and, where the context permits, includes a water quality control authority established under section 25, and references to the functional area of a local authority shall be construed accordingly;
“marine structure” means a platform or other man-made structure at sea;
“the Minister” means the Minister for Local Government;
“monitoring” includes inspection, measurement, sampling or analysis, whether periodically or continuously;
“polluting matter” includes any poisonous or noxious matter, and any substance (including any explosive, liquid or gas) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish, or to injure fish in their value as human food, or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish or to render such waters harmful or detrimental to public health or to domestic, commercial, industrial, agricultural or recreational uses:
“premises” includes land, whether or not there are structures on the land;
F1[F2[…]]
“reserved function” means, in the case of the council of a county F3[…], a reserved function for the purposes of the County Management Acts, 1940 to 1972, or, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;
“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964;
“sewage” includes domestic sewage and a combination of domestic sewage and storm water;
“sewage effluent” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to waters of sewage, whether treated or untreated;
F1[“sewer” means a sewer within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1964, that is vested in or controlled by a sanitary authority and includes a sewage treatment works, and a sewage disposal works, that is vested in or controlled by a sanitary authority;]
“tidal waters” includes the sea and any estuary up to high water mark medium tide and any enclosed dock adjoining tidal waters;
“trade” includes agriculture, aquaculture, horticulture and any scientific research or experiment;
“trade effluent” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to waters or to a sewer of any liquid (whether treated or untreated), either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry (including mining), but does not include domestic sewage or storm water;
“vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air-cushion craft;
“waters” includes—
(a) any (or any part of any) river, stream, lake, canal, reservoir, aquifer, pond, watercourse or other inland waters, whether natural or artificial,
(b) any tidal waters, and
(c) where the context permits, any beach, river bank and salt marsh or other area which is contiguous to anything mentioned in paragraph (a) or (b), and the channel or bed of anything mentioned in paragraph (a) which is for the time being dry,
but does not include a sewer.
(2) In this Act a reference to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.
(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
Annotations:
Amendments:
F1
Substituted and inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 2, commenced on enactment.
F2
Deleted (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 3 item 1, commenced on enactment.
F3
Deleted (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 4 and sch. 1, S.I. No. 400 of 1993, art. 3.
Modifications (not altering text):
C5
References to “sanitary authority” construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(4), S.I. No. 575 of 2013.
Transfer of functions from water service authorities to Irish Water
(1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.
(2) References to a water services authority or relevant water services authority in—
(a) the Act of 2007 or in any instrument made under that Act, or
(b) any other enactment (other than the Act of 2013) or instrument under any other enactment,
in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
C6
Certain functions under section transferred (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(1), (2), commenced on enactment. This section is listed in sch. 2 part 3 item 1.
Transfer of functions to IFI.
8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
(a) the provisions of the enactments mentioned in Schedule 2, and
(b) the regulations mentioned in Schedule 3,
are, on the establishment day, transferred to IFI.
…
Water Pollution Advisory Council.
2. — F4[…]
Annotations:
Amendments:
F4
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Editorial Notes:
E4
Previous affecting provision: power pursuant to section exercised (13.06.1977) by Water Pollution Advisory Council Order 1977 (S.I. No. 172 of 1977); ceased to have effect on repeal of enabling provision as per F-note above.
General prohibition on entry of polluting matter to waters.
3. — (1) Subject to subsection (5), a person shall not cause or permit any polluting matter to enter waters.
F5[(2) 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.]
F6[(3) It shall be a defence to a charge of committing an offence under this section for the accused to prove that he took all reasonable care to prevent the entry to waters to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that were suitable for the purpose of such prevention, and, where appropriate, that the entry to waters to which the charge relates arose from an activity carried on in accordance with a nutrient management plan approved under section 21A (inserted by the Waste Management Act, 1996) of the Local Government (Water Pollution) (Amendment) Act, 1990.]
(4) F7[…]
(5) Subsection (1) does not apply to—
F8[(a) (i) a discharge of a trade effluent or a sewage effluent which is made under and in accordance with a licence under section 4;
(ii) a discharge of a sewage effluent from a sewer: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;
(iii) a discharge of a trade effluent or sewage effluent to which regulations under section 4 (10) apply: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;
(aa) any entry authorised by or under an enactment specified in the Table to subsection (6);]
(b) entry to tidal waters of any matter from vessels, from apparatus for transferring any matter to or from vessels, or from marine structures;
(c) any deposit authorised under section 3 or 13 of the Foreshore Act, 1933, or section 48 of the Harbours Act, 1946;
(d) any substance or thing authorised under section 88 of the Harbours Act, 1946, to be put into waters;
(e) any works authorised by an order under section 134 of the Harbours Act, 1946;
(f) any entry authorised under the Fisheries Acts, 1959 to 1976.
(6) F7[…]
TABLE
Section 16 of the Shannon Electricity Act, 1925.
Section 16 of the Liffey Reservoir Act, 1936.
Section 10 of the Arterial Drainage Act, 1945.
Section 11 of the Electricity (Supply) (Amendment) Act, 1945.
Section 27 of the Turf Development Act, 1946.
Section 6 of the Local Authorities (Works) Act, 1949.
Annotations:
Amendments:
F5
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(a), 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 (1.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.
F6
Substituted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 66(2), S.I. No. 192 of 1996, art. 2.
F7
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
F8
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 3(1)(b), commenced on enactment.
Modifications (not altering text):
C7
Application of section 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
…
…
3
The whole section
…
…
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 3 (5) (a) (i) of the Act of 1977
“(i) a discharge of a trade effluent or a sewage effluent which is made under and in accordance with a licence under section 4 or an emission made under and in accordance with a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 1”.
…
C8
Application of section 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
…
…
3
The whole section.
…
…
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 3 (5) (a) (i) of the Act of 1977
“(i) a discharge of a trade effluent or a sewage effluent which is made under and in accordance with a licence under section 4 or an emission made under and in accordance with a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 ;”.
…
C9
References in Acts listed in Table construed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 3(3), commenced on enactment.
Amendment of section 3 of Principal Act.
3.— …
(3) A reference in any enactment specified in the Table to section 3 of the Principal Act to the Act of 1959 shall be construed as including a reference to subsection (1) of that section.
Editorial Notes:
E5
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).
E6
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.
E7
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).
E8
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.
E9
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).
E10
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).
E11
Previous affecting provision: subs. (3) substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 3(1)(a), commenced on enactment; substituted as per F-note above.
E12
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.
Licensing of trade and sewage effluents.
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.
Provisions consequential on section 4.
5. — (1) A person shall be deemed not to have contravened section 4 (1) in relation to an existing discharge of trade effluent or sewage effluent made before he is granted or refused a licence under section 4 if, before the relevant date, he applies for such a licence and complies with the requirements of any regulations under section 6 regarding the furnishing of information to a local authority.
(2) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or sewage effluent made in the circumstances specified in subsection (1).
(3) Where regulations under section 26 relate to an existing discharge of trade effluent or sewage effluent being made in the circumstances specified in subsection (1) or to waters to which such discharge is being so made, the local authority concerned shall grant or refuse (as the case may require) a licence under section 4 in respect of the discharge as soon as may be after the regulations are made.
(4) In this section—
“ existing discharge ” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of twelve months ending on the relevant date;
“ relevant date ” means the date fixed by order under section 4 (1).
Regulations for the purpose of section 4 and 8.
6. — (1) The Minister may make regulations for the purpose of sections 4 and 8.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:
(a) the form of licence;
(b) requiring the furnishing by applicants of specified information or the publication of notices;
(c) requiring the production of evidence to verify any information given by an applicant;
(d) requiring local authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;
(e) prescribing charges for, or the method of calculation of charges for, the discharge of effluents or classes of effluents;
F13[(f) requiring an applicant to defray or contribute towards the cost of investigation carried out by a local authority in relation to an application;
(g) the oral hearing of any appeal to An Bord Pleanála and any such oral hearing conducted by it or by a person appointed for that purpose by it;
(h) procedural matters in relation to appeals;
(i) related ancillary and incidental matters.]
F14[(2A) Regulations under this section may make provision for—
(a) the payment to a local authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 4, and
(b) F15[…]
(2B) Where, pursuant to regulations under this section, a fee is payable to a local authority in respect of an application for a licence under section 4, the local authority shall not entertain the application unless the fee is received by the local authority.
(2C) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8, the appeal shall not be entertained unless the fee is received by An Bord Pleanála before the expiration of the prescribed period referred to in subsection (1) of that section.
(2D) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8 and the person by whom the fee is payable is neither the applicant for the licence to which the appeal relates nor the person or one of the persons who brought the appeal, An Bord Pleanála shall not entertain submissions or observations in relation to the appeal made by or on behalf of the person by whom the fee is payable unless the fee is received by An Bord Pleanála.
(2E) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of a request for the oral hearing of an appeal, An Bord Pleanála shall not consider the request unless the fee is received by An Bord Pleanála.]
F16[(3) (a) A person who, in relation to an application for a licence under section 4 or an appeal under section 8, when—
(i) furnishing information under this section, or
(ii) verifying any such information,
makes a statement in writing which is false or to such person’s knowledge misleading in a material respect 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.]
(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.
(4) A charge the payment of which is required under section 4 (5) (d) or a defrayment or contribution under subsection (2) (f) or section 4 (5) (b) shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.
(5) F17[…]
Annotations:
Amendments:
F12
Inserted (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(2), in effect as per art. 3.
F13
Substituted and inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 109(b), S.I. No. 846 of 2007, art. 2.
F14
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 4, S.I. No. 270 of 1992, art. 2.
F15
Repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007, art. 4 and sch.
F16
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(c), 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 (1.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.
F17
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C15
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:
E28
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.
E29
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).
E30
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E31
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.
E32
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).
E33
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).
E34
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).
E35
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.
E36
Offence under section may be prosecuted by the local authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table, commenced on enactment.
E37
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).
E38
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.
E39
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E40
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).
E41
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
E42
Previous affecting provision: power pursuant to section exercised (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), in effect as per reg. 2; revoked (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 4, in effect as per reg. 2.
E43
Previous affecting provision: application of subs. (2)(d) modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(1), in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
E44
Previous affecting provision: subs. (2)(g) inserted 1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(2), in effect as per art. 3; substituted as per F-note above.
Review of licence under section 4.
7. — (1) A local authority may review a licence under section 4 at intervals of not less than three years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.
F18[(2) Notwithstanding any other provision of this Act or any condition in a licence under section 4, any such licence may be reviewed at any time by the local authority that granted it if—
(a) the local authority has reasonable grounds for believing that the discharge authorised by the licence is or is likely to be injurious to public health or renders or is likely to render the waters concerned unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses,
(b) there has been a material change in the nature or volume of the discharge,
(c) there has been a material change in relation to the waters to which the discharge is made,
(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter, or
(e) the licensee applies to the local authority concerned to review the licence.
(2A) Notwithstanding any other provision of this Act or any condition in a licence under section 4, where regulations are in force under section 26 such a licence relating to an effluent or waters to which the regulations apply shall be reviewed by the local authority that granted it—
(a) in case it was in force before the commencement of the regulations, as soon as may be after such commencement and thereafter at such intervals as may be specified in the regulations, and
(b) in any other case, at such intervals as may be specified in the regulations.
(3) Upon completion of a review under this section, a local authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if the local authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.]
(4) (a) The Minister may make regulations for the purpose of this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters:
(i) the giving of notice by a local authority to a person discharging or causing or permitting a discharge of intention to review a licence,
(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period, and
(iii) requiring local authorities to publish any specified notices with respect to amendment or deletion of any condition attached, or attachment of new conditions, to a licence.
F19[(c) Without prejudice to the generality of paragraph (a), regulations under this subsection may also make provision in relation to any of the following matters:
(i) the payment to local authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences,
(ii) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid,
(iii) exemption from the payment of such fees in such circumstances as may be specified,
(iv) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, and
(v) the manner in which such fees may be disposed of.]
F20[(5) Where, pursuant to regulations under this section, a fee is payable to a local authority, the local authority shall not conduct the review in relation to which it is payable until the receipt thereof by the local authority.]
Annotations:
Amendments:
F18
Substituted and inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(a), S.I. No. 270 of 1992, art. 2.
F19
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(b), S.I. No. 270 of 1992, art. 2.
F20
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(c), S.I. No. 270 of 1992, art. 2.
Editorial Notes:
E45
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E46
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).
E47
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).
E48
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).
E49
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.
E50
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).
E51
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.
E52
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
Appeals in relation to sections 4 and 7.
F21[8.—(1) (a) A person may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to—
(i) the grant, refusal to grant or revocation of a licence under section 4,
(ii) the attachment of conditions or additional conditions to such a licence, or
(iii) the amendment or deletion of any condition attached to such a licence,
by a local authority.
(b) An act of a local authority referred to in paragraph (a) shall have effect—
(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a),
(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, in accordance with such final determination,
(iii) in case an appeal or appeals is or are brought against it and the appeal or appeals is or are withdrawn—
(I) if the period referred to in paragraph (a) has expired, upon such withdrawal, and
(II) if the period aforesaid has not expired, upon its expiry.
(2) An Bord Pleanála, after consideration of an appeal under this section, shall (as it thinks proper) allow or refuse the appeal and may give any direction consequent on its decision that it considers appropriate to the local authority concerned (including a direction that a specified condition be attached to the licence concerned or be amended or deleted) and a local authority shall comply with any such direction.]
Annotations:
Amendments:
F21
Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 6(1), S.I. No. 270 of 1992, art. 2.
Modifications (not altering text):
C16
Application of subs. (1)(a) modified (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 12(4), in effect as per reg. 2, subject to transitional provision in subs. (2).
12. …
(4) Sections 8 (1) (a), 20 (1) (a) and (b) of the Principal Act authorising appeals to be made before the expiration of the period prescribed within the meaning of the said provisions shall be construed as including a provision that an appeal received by the Board after the period prescribed shall be invalid as not having been made in time.
Editorial Notes:
E53
An Bord Pleanála may determine fees for appeal under section with approval by Minister as provided (31.12.2007) by Water Services Act 2007 (30/2007), s. 103(1), S.I. No. 846 of 2007, subject to transitional provision in subs. (5).
E54
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.
E55
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E56
Previous affecting provision: application of section modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 4, in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
Registers of licences under sections 4 and 16 and of water abstractions.
9. — (1) Each local authority shall cause to be established and kept a register of all licences under section 4 granted by it.
(2) Each local authority shall cause to be established and kept a register of abstractions from waters in its functional area.
(3) Each sanitary authority shall cause to be established and kept a register of all licences under section 16 granted by it.
(4) A register under this section shall be kept at the offices of the local authority or sanitary authority and shall at all reasonable times be open to inspection by any person.
(5) Any person shall be entitled to obtain from a local authority or sanitary authority a copy of any entry in a register under this section on payment of a prescribed fee.
(6) Every document purporting to be a copy of an entry in a register under this section and purporting to be certified by an officer of a local authority or sanitary authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.
(7) The Minister may make regulations for the purpose of this section.
(8) Without prejudice to the generality of subsection (7), regulations under this section may provide that specified classes of abstractions shall be exempt from subsection (2).
Annotations:
Amendments:
F22
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):
C17
Prospective affecting provision: subs. (3) repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.
(3) F22[…]
C18
Application of subs. (2) restricted (5.04.1978) by Local Government (Water Pollution) Regulations 1978(S.I. No. 108 of 1978), reg. 37 and sch. 3.
37. Abstractions of the class specified in the Third Schedule shall be exempt from section 9 (2).
…
Article 37
THIRD SCHEDULE
EXEMPTED ABSTRACTIONS
Abstractions which do not exceed 25 cubic metres in any period of 24 hours.
Editorial Notes:
E57
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E58
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.
E59
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E60
Previous affecting provision: power pursuant to section exercised (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), in effect as per reg. 2; revoked (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 4, in effect as per reg. 2.
E61
Previous affecting provision: power pursuant to section exercised (11.04.1983) by Local Government (Water Pollution) Regulations 1983 (S.I. No. 36 of 1983), in effect as per reg. 2; revoked (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), reg. 4, in effect as per reg. 2.
Provisions relating to certain contraventions under Act.
F23[10.—(1) (a) Where, on application by any person to the appropriate court, whether or not the person has an interest in the waters concerned, that court is satisfied that another person—
(i) is causing or permitting, or has caused or permitted, polluting matter to enter waters and the entry is or was not one to which section 3 (5) applies and is or was not under and in accordance with a licence under section 171 of the Act of 1959, or
(ii) is discharging or causing or permitting to be discharged, or has discharged or caused or permitted to be discharged, trade effluent or sewage effluent to waters and the discharge is or was not one to which subsection (2) of section 4 applies and is or was not under and in accordance with a licence under that section or the said section 171,
that court may make an order directing that other person to do one or more of the following, that is to say:
(I) to terminate the entry or discharge within such period as may be specified in the order, or
(II) to mitigate or remedy any effects of the entry or discharge concerned in such manner and within such period as may be specified in the order, or
(III) to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred by the applicant or that other person in investigating, mitigating or remedying the effects of the entry or discharge concerned.
(b) In this subsection ‘appropriate court’, in relation to an application under paragraph (a) means—
(i) in case the estimated cost of complying with the order to which the application relates does not exceed F24[€15,000], the District Court,
(ii) in case the estimated cost aforesaid does not exceed F25[€75,000], the Circuit Court, and
(iii) in any case, the High Court.
(c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F24[€15,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.
(ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F25[€75,000], it may, if it so thinks fit, by order transfer the application to the High Court.
(iii) This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.
(d) An application under this section shall be brought in a summary manner.
(e) A court may, if it so thinks fit, make such interim or interlocutory order as it considers appropriate in proceedings under this section and, where an application is transferred under paragraph (c), the court to which it is transferred shall be deemed to have made any order made under this paragraph by the court from which it is so transferred in the proceedings in relation to the application.
F26[(2) Without prejudice to any power of a court to enforce orders made by it, a person who does not comply with an order under subsection (1) 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.]
(3) (a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order.
(b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.
F27[(4) (a) Where a person does not comply with an order under subsection (1), Inland Fisheries Ireland or the local authority in whose functional area the waters concerned are situated, may take any steps specified in the order to mitigate or remedy the effects of the entry or discharge concerned.
(b) The amount of any expenditure incurred by a local authority or Inland Fisheries Ireland in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or Inland Fisheries Ireland, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.]
(5) A local authority may serve on a person who is—
(a) causing or permitting polluting matter to enter waters and the entry is not one to which section 3 (5) applies and is not under and in accordance with a licence under section 171 of the Act of 1959, or
(b) causing or permitting trade effluent or sewage effluent to be discharged to waters and the discharge is not one to which section 4 (2) applies, and is not under and in accordance with a licence under that section or under the said section 171,
a notice in writing requiring the cesser of the entry or discharge concerned within such period as may be specified in the notice and requiring the mitigation or remedying of any effects of such entry or discharge in such manner and within such period as may be specified in the notice.
(6) Where a person does not comply with a notice under subsection (5), the local authority concerned may take any steps it considers necessary to terminate the entry or discharge concerned and to mitigate or remedy any effects thereof and the amount of any expenditure incurred by it in relation to any such steps shall be a simple contract debt owed by the person to it and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.
(7) (a) An application under subsection (1) to the District Court shall be made to the justice of the District Court for the District Court district in which the waters concerned or the land or other premises from which the entry or discharge concerned takes place, is situated.
(b) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the waters concerned or the land or other premises from which the entry or discharge concerned takes place, is situated.
(8) Without prejudice to the generality of subsections (1) and (5), an order under subsection (1) or a notice under subsection (5) may require—
(a) the replacement of fish stocks,
(b) the restoration of spawning grounds,
(c) the taking of measures to prevent the continuance of the entry or discharge to which the order or notice relates,
(d) the removal of polluting matter from waters,
(e) the treatment of affected waters so as to mitigate or remedy the effects of the entry or discharge concerned,
(f) the making of alternative arrangements for the supply of water for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational purposes or the payment of a specified amount to the sanitary authority or other person concerned to defray all or part of the costs of such arrangements,
(g) the making good of any damage to plant or equipment or to any water abstraction or treatment works and any consequential losses incurred by any person by reason of the entry of polluting matter into waters.
(9) An application may be made under subsection (1) and a notice may be served under subsection (5) notwithstanding that a prosecution under section 3 or 4 has not been brought in respect of the relevant entry or discharge referred to in subsection (1) or (5), as may be appropriate.]
Annotations:
Amendments:
F23
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 7, commenced on enactment.
F24
Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 15 and sch. part 2 ref. 5, S.I. No. 566 of 2013, art. 2.
F25
Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 14 and sch. part 2 ref. 2, S.I. No. 566 of 2013, art. 2.
F26
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(d), 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.
F27
Substituted (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 3 item 2, commenced on enactment.
F28
Substituted by Courts and Court Officers Act 2002 (15/2002), s. 14, and sch. 2 part 2, not commenced as of date of revision.
F29
Substituted by Courts and Court Officers Act 2002 (15/2002), s. 13, and sch. 2 part 1, not commenced as of date of revision.
Modifications (not altering text):
C19
Prospective affecting provision: subss. (1)(b)(i), (ii) and (c)(i), (ii) substituted by Courts and Court Officers Act 2002 (15/2002), ss. 13, 14 and sch. 2, not commenced as of date of revision.
10.—(1) (a)…
(b) In this subsection ‘appropriate court’, in relation to an application under paragraph (a) means—
(i) in case the estimated cost of complying with the order to which the application relates does not exceed F28[€20,000], the District Court,
(ii) in case the estimated cost aforesaid does not exceed F29[€100,000], the Circuit Court, and
(iii)…
(c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F28[€20,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.
(ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F29[€100,000], it may, if it so thinks fit, by order transfer the application to the High Court.
(iii) …
…
C20
Certain functions under section transferred (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(1), (2), commenced on enactment. This section is listed in sch. 2 part 3 item 2.
Transfer of functions to IFI.
8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
(a) the provisions of the enactments mentioned in Schedule 2, and
(b) the regulations mentioned in Schedule 3,
are, on the establishment day, transferred to IFI.
…
C21
Application of section 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
…
…
10
The whole section
…
…
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— …
…
C22
Application of section 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
…
…
10
The whole section.
…
…
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— …
…
Editorial Notes:
E62
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).
E63
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.
E64
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).
E65
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(i) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E66
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996(10/1996), s. 40(12)(b)(i), S.I. No. 192 of 1996.
E67
Offence under section may be prosecuted by the person who applied to the court for the order to which the offence relates as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E68
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).
E69
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).
E70
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.
E71
Previous affecting provision: defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(i), not commenced; subsituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E72
Previous affecting provision: subs. (1)(b)(i), (ii), (c)(i), (ii) amended (15.08.1991) by Courts Act 1991 (20/1991), s. 10, commenced in accordance with s. 23(3); substituted as per F-note above.
High Court’s power to prohibit continuance of contravention of section 3 (1) or 4 (1).
11. — F30[(1) Where, on application by any person to the High Court, whether or not that person has an interest in the waters concerned, that Court is satisfied that—
(a) polluting matter is being, has been or is likely to be caused or permitted to enter waters and the entry is not one to which section 3 (5) applies or would apply and is not under and in accordance with a licence under section 171 of the Act of 1959,
(b) trade effluent or sewage effluent is being, has been or is likely to be discharged or caused or permitted to be discharged to waters and the discharge is not one to which subsection (2) of section 4 applies or would apply and is not under and in accordance with a licence under that section or the said section 171, or
(c) polluting matter has escaped, is escaping or is likely to escape accidentally from premises to waters,
the High Court may by order—
(i) prohibit any person from causing or permitting or continuing to cause or permit the entry of polluting matter to the waters or the discharge aforesaid of trade effluent or sewage effluent to the waters,
(ii) require the carrying out of specified measures by any person having the custody or control of polluting matter or trade effluent or sewage effluent to prevent an entry or discharge referred to in subparagraph (i) or the continuance or recurrence of such an entry or discharge,
(iii) for the purpose of preventing, or preventing the continuance or recurrence of, such an entry or discharge as aforesaid, or of avoiding any risk that a person having custody or control of polluting matter or trade effluent or sewage effluent may cause or permit such an entry or discharge as aforesaid, require the person to do, refrain from or cease doing any specified act or to refrain from or cease making any specified omission,
(iv) for the purpose of preventing the escape aforesaid or the continuance or recurrence of such an escape, require the carrying out of specified measures by the occupier of the premises aforesaid and for the purpose of avoiding any risk of such an escape, require the occupier to do, refrain from or cease doing any specified act or to refrain from or cease making any specified omission, and
(v) make such other provision as that Court considers appropriate.
(1A) An application may be brought under subsection (1) notwithstanding that a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1) has not been brought.]
(2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.
(3) The order by which an application under this section is determined may contain any terms and conditions as to the payment of costs as the High Court considers appropriate.
Annotations:
Amendments:
F30
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990, s. 8, commenced on enactment.
Modifications (not altering text):
C23
Application of section 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
…
…
11
The whole section
…
…
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 11 (1A) of the Act of 1977
“(1A) An application may be brought under subsection (1) notwithstanding that, 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, a prosecution under that Part of the Act or under section 3 or 4, or, in any other case, a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1), has not been brought.”.
…
C24
Application of section 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
…
…
11
The whole section.
…
…
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 11 (1A) of the Act of 1977
“(1A) An application may be brought under subsection (1) notwithstanding that, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992is in force, a prosecution under that Part of the Act or under section 3 or 4, or, in any other case, a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1), has not been brought.”.
…
Editorial Notes:
E73
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(i) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E74
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(i), S.I. No. 192 of 1996.
E75
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.
E76
Previous affecting provision: defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(i), not commenced; substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Local authority’s power to require measures to be taken to prevent water pollution.
12. — (1) Where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, it may serve a notice in writing under this section on any person having the custody or control of any polluting matter on premises in its functional area.
(2) A notice under this section shall—
(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent such matter from entering waters,
(b) direct the person on whom the notice is served to take such measures as are specified in the notice, and
(c) specify a period within which such measures are to be taken.
F31[(2A) Notwithstanding subsection (2), a notice under this subsection may, either in addition to, or in lieu of complying with that subsection—
(a) regulate or restrict in such manner and to such extent and for such period as may be specified in the notice or make subject to specified conditions the carrying on of any activity, practice or use of premises that, in the opinion of the local authority concerned, could result in the entry of polluting matter to waters, and
(b) require the provision, re-location or alteration of facilities for the collection or storage of polluting matter.]
F32[(3) A person on whom a notice under this section is served may, within such period as may be specified in the notice, make representations to the local authority concerned in writing regarding the terms of the notice and the authority, after consideration of any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice and shall inform the person of such amendment, confirmation or revocation.]
F33[(4) Where a notice under this section is not complied with in the period specified in the notice, 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.]
(5) Where a person does not comply with a notice under this section within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent polluting matter in relation to which the notice is served from entering waters, 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.
(6) F34[…]
Annotations:
Amendments:
F31
Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(a), commenced on enactment.
F32
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(b), commenced on enactment.
F33
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(e), 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 2010.
F34
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C25
Application of section 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
…
…
10
The whole section
…
…
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— …
…
C26
Application of section 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
…
…
12
The whole section.
…
…
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.
…
Editorial Notes:
E77
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).
E78
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.
E79
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).
E80
Offence under section may be prosecuted by the local authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E81
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).
E82
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).
E83
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.
E84
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
Local authority’s power to prevent and abate pollution in certain circumstances.
F35[13.—(1) Where it appears to a local authority or a sanitary authority that for the purpose of—
(a) preventing the entry of polluting matter to any waters or to any drain or sewer provided solely for the reception or disposal of storm water in its functional area,
(b) removing polluting matter from any such waters, drain or sewer,
(c) preventing polluting matter in waters outside its functional area from affecting such area or any seashore (within the meaning of the Foreshore Act, 1933 ) adjoining such area, or
(d) mitigating or remedying in relation to its functional area or any such seashore as aforesaid the effects of any polluting matter in any such waters, drain or sewer as aforesaid,
it is necessary to do so, it may take such measures (including the giving of assistance, whether financial or otherwise, to others and the procuring of the taking of measures by others) as it considers appropriate for those purposes and may dispose of any such polluting matter in such manner as it thinks fit.
(2) To the extent (if any) that any measures taken by a local authority or a sanitary authority under this section were necessitated by the acts or omissions of a person (being acts or omissions that the person ought reasonably to have foreseen would or might necessitate the taking of the measures by the authority), the expenditure incurred by the authority in relation to the measures may be recovered by the authority from the person as a simple contract debt in any court of competent jurisdiction.]
Annotations:
Amendments:
F35
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 10, commenced on enactment.
Editorial Notes:
E85
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.
Notification of accidental discharges.
14. — (1) As soon as practicable after the occurrence of an accidental discharge, spillage or deposit of any polluting matter which enters or is likely to enter any waters or a sewer, the person responsible shall notify the local authority in whose functional area the discharge, spillage or deposit occurs or, in the case of a sewer, the sanitary authority in which the sewer is vested or by which it is controlled.
F36[(2) A person who fails to comply with subsection (1) 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.]
(3) F37[…]
Annotations:
Amendments:
F36
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(f), 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.
F37
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C27
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), arts. 7-9 and sch., in effect as per art. 2.
7. Section 14 of the Act of 1977 as modified by this Order shall apply to the Agency in addition to 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.
8. For the purposes of article 7—
( a ) anything required to be done in relation to the local authority or sanitary authority under section 14 of the Act of 1977 shall be done to the Agency in addition to the local authority or sanitary authority, as the case may be, and
( b ) a prosecution for an offence under section 14 of the Act of 1977 may be taken by the local authority, sanitary authority or the Agency.
9. For the purposes of articles 7 and 8, section 14 of the Act of 1977 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 14 (1) of the Act of 1977
“14 (1) As soon as practicable after the occurrence of an accidental discharge, spillage or deposit of any polluting matter which enters or is likely to enter any waters or a sewer, the person responsible shall notify—
( a ) the local authority in whose functional area the discharge, spillage or deposit occurs or, in the case of a sewer, the sanitary authority in which the sewer is vested or by which it is controlled, and
( b ) 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, the Environmental Protection Agency.”.
…
Editorial Notes:
E86
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.
E87
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).
E88
Offence under section may be prosecuted by the local authority in or adjoining whose functional area any of the waters concerned are situated or a sanitary authority in which the sewer concerned is vested or by which it is controlled as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and Table Part I, commenced on enactment.
E89
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).
E90
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.
E91
Previous affecting provision: application of section modified (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(3), 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, art. 4 and sch.
Water quality management plans.
15. — (1) A local authority may and, if so directed by the Minister, shall make a water quality management plan for any waters situated in its functional area or which adjoin that area.
(2) A plan under this section shall contain such objectives for the prevention and abatement of pollution of the waters the subject of the plan and such other provisions as appear to the local authority to be necessary.
F38[(3) Two or more local authorities may jointly make a water quality management plan in relation to waters part of which are in or adjoin the functional area of each local authority.
(3A) A water quality management plan may be revised or replaced by the local authority or local authorities that made it.]
(4) A plan under this section may relate to the sea to such extent as the Minister, after consultation with the Minister for Fisheries, may approve.
(5) A plan under this section shall not contain any provision inconsistent with regulations under section 26.
F39[(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.]
(7) The Minister may—
(a) require plans under this section by two or more local authorities to be co-ordinated in relation to matters and in a manner specified by him,
(b) require a local authority to revise a plan under this section in relation to matters and in a manner specified by him and at such intervals as he may direct, or to replace such a plan,
(c) direct two or more local authorities jointly to make, revise or replace a plan under this section,
and local authorities shall comply with any such requisition or direction.
(8) The making, revision or replacement of a plan under this section shall be a reserved function.
(9) Any dispute between two or more local authorities as to which of them shall make a plan under this section for any waters shall be determined by the Minister.
(10) The Minister may make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following:
(a) the publication in newspapers circulating in the functional area of a local authority of notice that a plan under this section is proposed to be made, revised or replaced,
(b) a statement in such a notice indicating where and when a copy of the proposed plan may be inspected and that representations relating to the plan may be made to the local authority within a specified period.
(11) Any person may, in accordance with regulations under subsection (10), make representations to a local authority in relation to a plan proposed to be made, revised or replaced under this section, and every such representation shall be considered by the local authority, which may then, as it thinks fit, make, revise or replace the plan with or without amendment.
Annotations:
Amendments:
F38
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 11(a), commenced on enactment.
F39
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 3, S.I. No. 262 of 2010, art. 2.
Modifications (not altering text):
C28
Prospective affecting provision: power granted to Minister to require the EPA to make a water quality management plan by Environmental Protection Agency Act 1992 (7/1992), s. 102(1), not commenced as of date of revision.
Management plans.
102.—(1) Without prejudice to the generality of sections 100 and 101, the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 [or a waste management plan under section 22 of the Waste Management Act, 1996], or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977.
…
C29
Certain functions transferred (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(1), (2), commenced on enactment. Subs. (6) is listed in sch. 2 part 3 item 3.
Transfer of functions to IFI.
8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
(a) the provisions of the enactments mentioned in Schedule 2, and
(b) the regulations mentioned in Schedule 3,
are, on the establishment day, transferred to IFI.
…
Editorial Notes:
E92
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E93
Previous affecting provision: subs. (6) substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 11(b), commenced on enactment; substituted as per F-note above.
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.
Review of licence under section 16.
17. — (1) A sanitary authority may review a licence under section 16 at intervals of not less than three years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.
F46[(2) Notwithstanding any other provision of this Act or any condition in a licence under section 16, any such licence may be reviewed at any time by the sanitary authority that granted it if—
(a) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence is or is likely to be injurious to public health or is or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses,
(b) there has been a material change in the nature or volume of the discharge,
(c) there has been a material change in relation to the waters to which the sewer concerned discharges,
(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter, or
(e) the licensee applies to the sanitary authority concerned to review the licence.
(2A) Notwithstanding any other provision of this Act or any condition in a licence under section 16, where regulations are in force under section 26 relating to a trade effluent or sewage effluent from a sewer or to waters to which a sewer discharges, such a licence relating to the trade effluent or authorising the discharge of a trade effluent to the sewer shall be reviewed by the local authority that granted it—
(a) in case it was in force before the commencement of the regulations, as soon as may be after such commencement and thereafter at such intervals as may be specified in the regulations, and
(b) in any other case, at such intervals as may be specified in the regulations.
(3) Upon completion of a review under this section, a sanitary authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if a sanitary authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.]
(4) (a) The Minister may make regulations for the purpose of this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters:
(i) the giving of notice by a sanitary authority to a person discharging or causing or permitting a discharge of intention to review a licence, and
(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period
F47[(c) Without prejudice to the generality of paragraph (a), regulations under this subsection may also make provision in relation to all or any of the following matters:
(i) the payment to sanitary authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences,
(ii) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid,
(iii) exemption from the payment of such fees in such circumstances as may be specified,
(iv) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, or
(v) the manner in which fees may be disposed of.]
F48[(5) Where, pursuant to regulations under this section, a fee is payable to a sanitary authority, the sanitary authority shall not conduct the review in relation to which the fee is payable until the receipt thereof by the sanitary authority.]
Annotations:
Amendments:
F46
Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(a), S.I. No. 270 of 1992, art. 2.
F47
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(b), S.I. No. 270 of 1992, art. 2.
F48
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(c), S.I. No. 270 of 1992, art. 2.
F49
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):
C37
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.
17. — F49[…]
Editorial Notes:
E109
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E110
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).
E111
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).
E112
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).
E113
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.
E114
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).
E115
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.
E116
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
Provisions consequential on section 16.
18. — (1) A person shall be deemed not to have contravened section 16 (1) in relation to an existing discharge of trade effluent or other matter made before he is granted or refused a licence under section 16 if, before the relevant date, he applies for such a licence and complies with the requirements of any regulations under section 19 regarding the furnishing of information to a sanitary authority.
(2) In a prosecution for an offence under section 16 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or other matter made in the circumstances specified in subsection (1).
(3) Where regulations under section 26 relate to an existing discharge of trade effluent being made in the circumstances specified in subsection (1), the sanitary authority concerned shall grant or refuse (as the case may require) a licence under section 16 in respect of the discharge as soon as may be after the regulations are made.
(4) In this section—
“ existing discharge ” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of twelve months ending on the relevant date;
“ relevant date ” means the date fixed by order under section 16 (1).
Annotations:
Amendments:
F50
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):
C38
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.
18. — F50[…]
Regulations for the purpose of sections 16 and 20.
19. — (1) The Minister may make regulations for the purpose of sections 16 and 20.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:
(a) the form of licence;
(b) requiring the furnishing by applicants of specified information;
(c) requiring the production of evidence to verify any information given by an applicant;
(d) requiring sanitary authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with;
(e) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a sanitary authority in relation to an application.
F51[(f) the oral hearing of any appeal to An Bord Pleanála and any such oral hearing being conducted by An Bord Pleanála or by a person appointed for that purpose by An Bord Pleanála.]
F52[(2A) Regulations under this section may make provision for—
(a) the payment to a sanitary authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 16, and
(b) the payment to An Bord Pleanála of a fee of such amount as may be specified in respect of an appeal to it under section 20,
and any such regulations may make provision for—
(i) the payment of fees of different amounts in respect of different classes of such applications and appeals as aforesaid,
(ii) exemption from the payment of fees provided for under paragraph (a) or (b) in such circumstances as may be specified,
(iii) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, and
(iv) the manner in which such fees may be disposed of.
(2B) Where, pursuant to regulations under this section, a fee is payable to a sanitary authority in respect of an application for a licence under section 16, the sanitary authority shall not consider the application unless the fee is received by the sanitary authority.
(2C) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 20, the appeal shall not be entertained unless the fee is received by An Bord Pleanála before the expiration of the prescribed period referred to in subsection (1) of that section.
(2D) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of a request for the oral hearing of an appeal, An Bord Pleanála shall not consider the request unless the fee is received by An Bord Pleanála.]
(3) F53[(a) A person who, in relation to an application for a licence under section 16 or an appeal under section 20, when furnishing information under this section or when verifying any such information, makes a statement which is false or to such person’s knowledge misleading in a material respect 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.]
(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.
(4) A defrayment or contribution under subsection (2) (e) or section 16 (4) (b) shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.
(5) F54[…]
Annotations:
Amendments:
F51
Inserted (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(3), in effect as per art. 3.
F52
Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 14, S.I. No. 270 of 1992, art. 2.
F53
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(h), S.I. No. 846 of 2007, art. 2.
F54
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
F55
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):
C39
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.
19. — F55[…]
Editorial Notes:
E117
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.
E118
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).
E119
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E120
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.
E121
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).
E122
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).
E123
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).
E124
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.
E125
Offence under section may be prosecuted by the sanitary authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E126
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).
E127
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.
E128
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E129
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).
E130
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
E131
Previous affecting provision: power pursuant to section exercised (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), in effect as per reg. 2; revoked (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 4, in effect as per reg. 2.
E132
Previous affecting provision: application of subs. (2)(d) modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(1), in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
Appeals in relation to sections 16 and 17.
F56[20.—(1) (a) The occupier of premises from which a discharge to which a licence under section 16 relates is made may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to—
(i) the revocation of the licence,
(ii) the attachment of conditions or additional conditions to the licence, or
(iii) the amendment or deletion of any condition attached to the licence,
by a sanitary authority.
(b) A person whose application for a licence under section 16 has been refused by a sanitary authority may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to the refusal.
(c) An act of a sanitary authority referred to in paragraph (a) or (b) shall have effect—
(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a) or (b), as the case may be,
(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, upon and in accordance with such final determination,
(iii) in case an appeal is brought against it and the appeal is withdrawn, upon the withdrawal of the appeal.
(2) An Bord Pleanála, after consideration of an appeal under this section, shall, as it thinks proper, allow or refuse the appeal and may give any direction consequent on its decision that it considers appropriate to the sanitary authority concerned (including a direction that a specified condition be attached to the licence concerned or be amended or deleted) and a sanitary authority shall comply with any such direction.]
Annotations:
Amendments:
F56
Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 15(1), S.I. No. 270 of 1992, art. 2, subject to transitional provision in subls (2).
F57
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):
C40
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.
20.—F57[…]
C41
Application of subss. (1)(a) and (b) modified (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 12(4), in effect as per reg. 2.
12. …
(4) Sections 8 (1) (a), 20 (1) (a) and (b) of the Principal Act authorising appeals to be made before the expiration of the period prescribed within the meaning of the said provisions shall be construed as including a provision that an appeal received by the Board after the period prescribed shall be invalid as not having been made in time.
Editorial Notes:
E133
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.
E134
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E135
Previous affecting provision: application of section modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 4, in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
Transfer of certain appeals to An Bord Pleanála.
F58[21.—(1) The Minister may by regulations provide for—
(a) any procedural matter in relation to appeals under sections 8 and 20, and
(b) such incidental and supplementary matters (including the modification of any provision of the Local Government (Water Pollution) Acts, 1977 and 1990, and the Local Government (Planning and Development) Acts, 1963 to 1983) as appear to the Minister to be necessary or expedient for the purpose of such appeals.
(2) Sections 6 (2) (d), 19 (2) (d) and subsections (1) (a) and (9) of section 28 shall, as respects such appeals as aforesaid, have effect as if the references therein to the Minister were references to An Bord Pleanála.]
Annotations:
Amendments:
F58
Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 16(1), S.I. No. 270 of 1992, art. 2.
Editorial Notes:
E136
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E137
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.
E138
Previous affecting provision: power pursuant to section exercised (11.04.1983) by Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978, (Amendment) Order 1983 (S.I. No. 37 of 1983), in effect as per art. 2; rendered obsolete by revocation of Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978) (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
E139
Previous affecting provision: power pursuant to section exercised (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
Monitoring, etc. by local authorities and sanitary authorities.
22. — (1) A local authority or sanitary authority—
(a) shall carry out or cause to be carried out or arrange for such monitoring of waters and discharges of trade effluents and sewage effluents and other matter to waters (in the case of a local authority) or to sewers (in the case of a sanitary authority) as it considers necessary for the performance of any of its functions under this Act or as may be directed by the Minister,
(b) may collect, cause to be collected or arrange for the collection of such information as it considers necessary for the performance of any of its functions under this Act or as may be directed by the Minister.
(2) A local authority or a sanitary authority may provide meters, gauges, manholes or inspection chambers or any other apparatus for any of the purposes of this section.
Annotations:
Modifications (not altering text):
C42
Application of section 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
22
The whole section.
…
…
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— …
…
Editorial Notes:
E140
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.
Obligation to give information to local authorities and sanitary authorities.
F59[23.—(1) A local authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person who—
(a) is abstracting water from any waters in the functional area of the authority,
(b) is discharging, or causing or permitting the discharge of, trade effluent or sewage effluent or other matter to any such waters,
(c) has custody or control of any polluting matter in its functional area,
(d) is engaged in activities or practices that, in the opinion of the local authority, may cause or permit polluting matter to enter waters,
require the person to give to the local authority in writing, within such period (being not less than 14 days) beginning on the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to any of the activities or practices aforesaid (including the custody or control of polluting matter) and such other information (if any) as it may consider necessary for the purposes of those functions.
(2) A sanitary authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person, require the person who is making, causing or permitting a discharge to a sewer to give to the sanitary authority in writing, within such period (being not less than 14 days) beginning with the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to the discharge and such other information (if any) as it may consider necessary for the purposes of those functions.
(3) Without prejudice to the generality of subsections (1) and (2), a notice under either of those subsections relating to trade effluent, sewage effluent or other polluting matter may require the person to or on whom it is given or served to give to the local authority or, as the case may be, the sanitary authority, concerned—
(a) maps, plans, drawings or photographs showing the location, nature, extent and condition of—
(i) any facilities for the collection, storage, treatment or disposal of the effluent or other polluting matter,
(ii) any other premises from which polluting matter may enter waters, or
(iii) any sewer,
and showing their relationship to any waters, and
(b) such other particulars as may be specified in the notice of the matters aforesaid, including particulars of the arrangements, systems and methods in use or proposed for the disposal of the effluent or other polluting matter, and of the times and rates at which such disposal is effected.
F60[(4) A person who—
(a) fails or refuses to comply with a requirement in a notice under this section, or
(b) in purported compliance with a requirement in a notice under this section gives to a local authority or sanitary authority information that, to such person’s knowledge, is false or is misleading in a material respect,
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.]]
Annotations:
Amendments:
F59
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 17, commenced on enactment.
F60
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(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.
Modifications (not altering text):
C43
Application of section 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
…
…
23
The whole section
…
…
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— …
…
C44
Application of section 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
…
…
23
The whole section.
…
…
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— …
…
Editorial Notes:
E141
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.
E142
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).
E143
Offence under section may be prosecuted by the local authority concerned or the sanitary authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E144
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).
E145
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.
Consultation by local authorities, sanitary authorities and boards of conservators.
24. — 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, make regulations requiring local authorities, sanitary authorities and boards of conservators to consult with such persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.
Annotations:
Modifications (not altering text):
C45
Minister required to consult in relation to making of regulations under section 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.
Establishment of water quality control authorities.
25. — (1) The Minister may, after consultation with the Minister for the Public Service and the Water Pollution Advisory Council, by order establish, in respect of such area as is specified in the order, a water quality control authority.
(2) A water quality control authority shall perform such functions under this Act of a local authority relating to water pollution as may be specified in the order establishing the authority.
(3) An order under this section may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary for the establishment of the authority, including provisions relating to the membership of a water quality control authority, the transfer to such an authority of specified functions under this Act of a local authority in relation to the area (or part of the area) in respect of which the authority is established, and any necessary modification of any statutory provisions relating to a local authority.
(4) A water quality control authority shall be a body corporate with perpetual succession and a seal and may sue and be sued in its corporate name and may hold and dispose of land.
(5) (a) A water quality control authority shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 to 1972.
(b) A water quality control authority shall be a local authority within the meaning and for the purposes of—
(i) the Local Government Acts, 1925 to 1974,
(ii) the Local Authorities (Officers and Employees) Acts, 1926 and 1940,
(iii) the Local Authorities (Combined Purchasing) Act, 1939,
(iv) the Local Government (Superannuation) Act, 1956, and
(v) the Local Authorities (Mutual Assurance) Acts, 1926 to 1935.
(6) Without prejudice to the generality of subsection (1) or (3), an order under this section may—
(a) provide for the recoupment (in such manner as may be specified in the order) of all or part of the expenses of a water quality control authority and, where a local authority or other person fails to make such a recoupment, the deduction from moneys payable to the local authority or other person by any Minister and the payment to the water quality control authority by that Minister out of such moneys of an amount equal to that to be recouped, and
(b) include provisions relating to all or any of the following matters—
(i) appointment of members (including chairman),
(ii) cessation of membership,
(iii) meetings (including procedure, proceedings and quorum),
(iv) any matters ancillary or incidental to any of the foregoing matters.
(7) Where an order under this section is proposed to be made the Minister shall cause a draft thereof to be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving of the draft has been passed by each House.
Annotations:
Modifications (not altering text):
C46
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.—(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.
C47
Functions transferred and references to “Department of the Public Service” and “Minister for the Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4 and sch., subject to transitional provisions in arts. 5-9.
Note change of name of Department of Finance and title of Minister for Finance to Department of and Minister for Public Expenditure and Reform (20.09 2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.
(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.
4. (1) The functions vested in the Minister for the Public Service— —
(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and
…
are hereby transferred to the Minister for Finance.
(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.
SCHEDULE
…
Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);
…
Quality standards, etc.
26. — (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 to—
(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.—(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.
Environmental Protection Agency Act
Industrial Emissions Directive.
3C. (1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.
(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.
(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—
(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,
(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and
(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.]
Annotations
Amendments:
F19
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 6.
PART V
General Pollution Control
Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.
100.—(1) The Minister may, by order, provide that any provision of the Local Government (Water Pollution) Act, 1977, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
(2) An order under subsection (1) in relation to a particular provision may provide that—
(a) a function conferred on a local authority or sanitary authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,
(b) anything required by the provision to be done in relation to a local authority or a sanitary authority may, in addition to or in lieu of that authority, be done in relation to the Agency,
(c) a reference in the provision to a local authority or to a sanitary authority may include or be substituted by a reference to the Agency.
(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of any provision of the Local Government (Water Pollution) Act, 1977, as it applies in relation to the Agency.
Annotations
Modifications (not altering text):
C47
Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
…
Transfer of functions from water service authorities to Irish Water
7. ….
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
Editorial Notes:
E331
Power pursuant to section exercised (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), in effect as per art. 2.
E332
Power pursuant to section exercised (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), in effect as per art. 2.
Extension to Agency of certain powers under Air Pollution Act, 1987.
101.—(1) The Minister may, by order, provide that any provision of the Air Pollution Act, 1987, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
(2) An order under subsection (1) in relation to a particular provision may provide that—
(a) a function conferred on a local authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,
(b) anything required by the provision to be done in relation to a local authority may, in addition to or in lieu of that authority, be done in relation to the Agency,
(c) a reference in the provision to a local authority may include or be substituted by a reference to the Agency.
(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate,including provision for the modification of any provision of the Air Pollution Act, 1987, as it applies in relation to the Agency.
Annotations
Editorial Notes:
E333
Power pursuant to section exercised (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), in effect as per art. 2.
E334
Power pursuant to section exercised (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), in effect as per art 2.
Management plans.
102.—(1) Without prejudice to the generality of sections 100 and 101, the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 F214[or a waste management plan under section 22 of the Waste Management Act, 1996], or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977.
(2) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of sections 46, 47 and 48 of the Air Pollution Act, 1987, or section 15 of the Local Government (Water Pollution) Act, 1977 F215[or sections 22, 23 and 25 of the Waste Management Act, 1996,], as they apply in relation to the Agency and in particular—
(i) the procedures to be followed by the Agency in making the plan,
(ii) consultation by the Agency with any local authority concerned in regard to the making of a plan,
(iii) provisions relating to the consent of a local authority before a plan is made,
(iv) provisions for the determination of matters where the Agency considers that the consent of a local authority is unreasonably withheld,
(v) provisions relating to the recovery of the costs of making a plan from the local authorities concerned.
Annotations
Amendments:
F214
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(5)(a), S.I. No. 192 of 1996.
F215
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(5)(b), S.I. No. 192 of 1996.
Emission limit values and quality standards.
103.—(1) The Agency may, at any time, and shall when requested by the Minister to do so, make recommendations to the Minister in relation to—
(a) the specifying of air quality standards under section 50 of the Air Pollution Act, 1987,
(b) the specifying of emission limit values under section 51 of the Air Pollution Act, 1987,
(c) the prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents, under section 26 of the Local Government (Water Pollution) Act, 1977.
(2) Before making regulations for any of the purposes referred to in subsection (1) the Minister shall have regard to any recommendations made by the Agency pursuant to that subsection.
(3) Recommendations under subsection (1), other than recommendations made at the request of the Minister, shall be published by the Agency.
Special reports and investigations.
104.—(1) The Agency may, and shall when requested by the Minister to do so, investigate the causes and circumstances surrounding any incident of environmental pollution and make a special report on such matter.
(2) (a) The Agency may cause a special report, or part thereof, to be published in such manner as it thinks fit.
(b) Before publication of a special report or part of such report prepared at the request of the Minister, the Agency shall submit such report to the Minister.
(3) The Minister may make regulations on any matter of procedure in relation to the operation of this section.
Inquiries.
105.—(1) (a) The Agency may, where after consultation with the Minister it considers it necessary to do so, arrange for an inquiry to be held into any incident of environmental pollution or any other matter related to environmental protection.
(b) The Minister may direct the Agency to arrange for an inquiry to be held into any specified incident of environmental pollution or any other matter related to environmental protection and the Agency shall comply with any such direction.
(2) The inquiry shall be conducted by a person appointed in that behalf by the Agency in such manner as the person thinks appropriate.
(3) The person conducting the inquiry may, for the purposes of the inquiry—
(a) investigate the circumstances in which the incident of environmental pollution or any other matter related to environmental protection occurred,
(b) enter (on production of the confirmation of his appointment if so demanded by the occupier or person in charge of the premises) at any reasonable time any premises, entry to which appears requisite for the said purposes,
(c) carry out such inspection and examination and do such things and make such enquiries as appear to him to be reasonably necessary for the said purposes and, in particular—
(i) require, by summons, any person to attend as a witness to give evidence,
(ii) require any person to produce such books, papers, other documents and any articles (being in that person’s custody or under his control) which the person conducting the inquiry may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them,
(iii) administer or cause to be administered an oath and take evidence under oath.
(4) If a person—
(a) on being duly summoned as a witness before an inquiry without just cause or excuse disobeys the summons,
(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the person conducting the inquiry to do so, or to produce any documents or articles in his custody or control legally required by the person conducting the inquiry to be produced by him, or to answer any question to which the person conducting the inquiry may legally require an answer,
(c) wilfully gives evidence which is material to the inquiry and which he knows to be false or does not believe to be true,
(d) by act or omission, obstructs or hinders the person conducting the inquiry in the performance of his functions,
(e) fails, neglects or refuses to comply with any requirement provided for under subsection (3) (c) (ii), or
(f) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,
the person shall be guilty of an offence.
(5) A statement or admission made by a person before a person conducting an inquiry under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).
(6) Persons attending as witnesses at the inquiry shall be allowed such expenses to be paid out of moneys available to the Agency as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the person conducting the inquiry to a taxing master of the High Court, who, on request signed by the person conducting the inquiry, shall ascertain and certify the proper amount of the expenses.
(7) The person conducting the inquiry shall make a report to the Agency stating the causes and circumstances of the subject of the inquiry and may add any observations which he thinks right to make.
(8) The Agency may cause the report of a person who conducted an inquiry under this section to be made public at such time and in such manner as it thinks fit.
(9) The Agency may require that all or part of the expenses incurred by the Agency in relation to an inquiry under this section shall be paid in whole or in part by any person who appears to the Agency to be, by reason of any act or default on the part of such person or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry.
(10) The Agency shall give notice of an inquiry under this section by a notice published in Iris Oifigiúil and in at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.
(11) The Minister may make regulations for the purposes of this section.
S.I. No. 172/1977 –
The Water Pollution Advisory Council Order, 1977.
THE WATER POLLUTION ADVISORY COUNCIL ORDER, 1977.
The Minister for Local Government, in exercise of the powers conferred on him by section 2 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), hereby orders as follows:—
1. This Order may be cited as the Water Pollution Advisory Council Order, 1977.
2. (1) A body to be known as the Water Pollution Advisory Council, subsequently referred to as “the Council” in this Order, is hereby appointed.
(2) The Council shall for the period expiring on the 30th day of June, 1980 consist of the persons named in the Schedule to this Order.
(3) From the lst day of July, 1980 the Council shall consist of such number of persons appointed for such period as the Minister shall from time to time appoint.
3. The Chairman of the Council for the period expiring on 30th day of June, 1980 shall be Edward Bonner.
SCHEDULE.
Edward Bonner, Confederation of Irish Industry.
George Bagnall, Bord Fáilte Éireann.
Denis Booth, Irish Farmers’ Association.
Rev. Patrick Brady, National Youth Council of Ireland.
Edmond Brennan, General Council of County Councils.
Timothy Cahill-O’Brien, Industrial Development Authority.
Brian Campbell, Department of Local Government.
Thomas Casey, Institution of Engineers of Ireland.
Thomas Collins, County and City Managers’ Association.
Edward Cusack, Trout Anglers’ Federation of Ireland.
Owen Daly, An Foras Talúntais.
William Downey, National Science Council.
John Humphreys, Department of Health.
Robert Laird, Bord na Móna.
Michael Lynn, Office of Public Works.
William McCumiskey, An Foras Forbartha.
Sean McMorrow, Inland Fisheries Trust Incorporated.
Michael Manahan, Department of Industry and Commerce.
Francis Moran, Institute for Industrial Research and Standards.
Máire Mulcahy, Institute of Biology of Ireland.
Philip Mullaly, An Taisce.
Patrick O’Dowd, Electricity Supply Board.
Pádraig Ó Sionnaigh, Department of Education.
Christopher O’Toole, Irish Federation of Sea Anglers.
David Pepper, Institute of Chemistry of Ireland.
James Power, Department of Fisheries.
Cashel Riordan, Pharmaceutical, Chemical and Allied Industries Association.
Joseph Rowan, Department of Agriculture.
Francis Wall, Irish Creamery Milk Suppliers’ Association.
GIVEN under the Official Seal of the Minister for Local Government
this 13th day of June, 1977.
JAMES TULLY,
Minister for Local Government.
EXPLANATORY NOTE.
This Order appoints the Water Pollution Advisory Council under section 2 of the Local Government (Water Pollution) Act, 1977 .
S.I. No. 108/1978 –
Local Government (Water Pollution) Regulations, 1978.
LOCAL GOVERNMENT (WATER POLLUTION) REGULATIONS, 1978.
CONTENTS
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Interpretation.
PART II
LICENSING BY LOCAL AUTHORITIES OF DISCHARGES TO WATERS
3. Definitions for Part II.
4. Exempted effluents.
5. Notice of intention to apply for a licence.
6. Further notice.
7. Application for licence.
8. Investigation by local authority.
9. Grant or refusal of licence in the absence of information.
10. Inspection of documents.
11. Notice of grant or refusal of licence.
12. Form of licence.
13. Notice of intention to review a licence.
14. Information in relation to review of licence.
15. Local authority notice following review of licence.
PART III
LICENSING BY SANITARY AUTHORITIES OF DISCHARGES TO SEWERS
16. Definitions for Part III.
17. Application for licence.
18. Investigation by sanitary authority.
19. Grant or refusal of licence in the absence of information.
20. Notice of grant or refusal of licence.
21. Form of licence.
22. Notice of intention to review a licence.
23. Information in relation to review of licence.
24. Sanitary authority notice following review of licence.
PART IV
APPEALS
25. Definitions for Part IV.
26. Prescribed period for appeals under section 8.
27. Form and content of appeal.
28. Copy of appeal.
29. Documents, information, etc., in relation to appeals.
30. Observations on appeals.
31. Oral hearings.
32. Procedure at oral hearing.
33. Adjournment or re-opening of oral hearing.
34. Notification by the Board of decision on appeal.
35. Compliance with directions.
PART V
REGISTERS
36. Form of registers.
37. Exempted abstractions.
38. Fee for copy of entry in register.
PART VI
WATER QUALITY MANAGEMENT PLANS
39. Definition for Part VI.
40. Notice of proposed plan.
41. Notice of the making, etc., of a plan.
42. Copy of plan on payment of fee.
FIRST SCHEDULE
Exempted Effluents
SECOND SCHEDULE
Prescribed Forms
THIRD SCHEDULE
Exempted Abstractions
S.I. No. 108 of 1978.
LOCAL GOVERNMENT (WATER POLLUTION) REGULATIONS, 1978.
The Minister for the Environment in exercise of the powers conferred on him by sections 4 , 7 , 8 , 9 , 15 , 16 , 17 , 20 and 30 of the Local Government (Water Pollution) Act, 1977 , (No. 1 of 1977) and by sections 6 and 19 of that Act as modified by the Local Government (Water Pollution) Act, 1977 , (Transfer of Appeals) Order, 1978 ( S.I. No. 96 of 1978 ), after consultation with the Minister for Fisheries and with the Water Pollution Advisory Council in relation to article 4 and the First Schedule, hereby makes the following Regulations:—
PART IPRELIMINARY AND GENERAL
1 Citation.
1. These Regulations may be cited as the Local Government (Water Pollution) Regulations, 1978.
2 Interpretation.
2. In these Regulations—
any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
any reference to a section or subsection is a reference to a section or subsection of the Local Government (Water Pollution) Act, 1977 ;
“the Board” means An Bord Pleanála.
PART IILICENSING BY LOCAL AUTHORITIES OF DISCHARGES TO WATERS
3 Definitions for Part II.
3. In this Part—
“applicant” means an applicant for a licence under section 4;
“existing discharge” means an existing discharge as defined in section 5 (4);
“licence” means a licence under section 4;
“licence application” means an application to a local authority for a licence under section 4;
“register” means the register to be established and kept under section 9 (1);
“review” means review under section 7.
4 Exempted effluents.
4. The classes of effluent specified in the First Schedule shall be exempt from subsection (1) of section 4.
5 Notice of intention to apply for a licence.
5. (1) Prior to the making of a licence application, the applicant shall publish in a newspaper circulating in the functional area of the local authority notice of his intention to make such application.
(2) A notice under sub-article (1) shall contain, as a heading, the words “Discharge of Effluent to Waters”, and shall—
( a ) state the name of the applicant and the name of the local authority to which application is being made,
( b ) give a general description of the effluent,
( c ) in the case of trade effluent, state the nature of the trade or industry,
( d ) state the name and location of the premises from which the effluent is to be discharged, and
( e ) indicate the waters to which the effluent is to be discharged.
(3) Sub-article (1) shall not apply to a licence application made before the 1st day of October, 1978 in respect of—
( a ) an existing discharge, or
( b ) a discharge from a development for which a permission (other than outline permission) or an approval consequent on an outline permission has been granted under the Local Government (Planning and Development) Acts, 1963 and 1976 during the period of five years prior to the 1st day of October, 1978.
6 Further notice.
6. (1) A licence application to which article 5 (1) applies shall be accompanied by a copy of the newspaper in which there has been published a notice in pursuance of that sub-article.
(2) Where—
( a ) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with article 5 (1) and the making of the relevant application, or
( b ) it appears to the local authority that any such notice does not comply with the provisions of article 5 or, because of its content or for any other reason, is misleading or inadequate for the information of the public,
the local authority may require the applicant to publish such further notice in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
7 Application for licence.
7. (1) A licence application shall be accompanied by—
( a ) such plans, in duplicate, and such other particulars as are necessary to describe the premises, drainage system and any works, apparatus or plant from which the effluent is to be discharged and to identify the waters to which the discharge is to be made and the point of discharge,
( b ) particulars of the nature, composition, anticipated temperature, volume and rate of discharge of, and the proposed method of any treatment of, the effluent and the period or periods during which the effluent is to be discharged, and
( c ) in the case of a trade effluent, a general description of the process or activity giving rise to the discharge.
(2) A licence application for an existing discharge shall be accompanied by a statement that it is such a discharge in addition to the information specified in sub-article (1).
(3) An applicant for a licence, other than a licence for an existing discharge, shall also furnish such other particulars as the local authority may reasonably require for consideration of the application, including particulars of the quality, volume and flow rate of receiving waters, the effects of the discharge on such waters and the results of any investigation made, or required by the local authority to be made, in relation to such matters.
8 Investigation by local authority.
8. Where an applicant fails or refuses to comply with any requirement of a local authority under article 7 (3) in relation to the furnishing of results of any investigation within three months of such requirement, the local authority may carry out, or arrange to have carried out, such investigation and may require the applicant to defray or contribute towards the cost of any such investigation.
9 Grant or refusal of licence in the absence of information.
9. A local authority may grant or refuse a licence notwithstanding that plans or other particulars required under article 7 have not been furnished.
10 Inspection of documents.
10. A local authority shall make available for public inspection during normal office hours at the offices of the local authority, from the time of receipt of the relevant documents until the licence application or any appeal relating thereto is determined, the application and any plans and other particulars submitted by the applicant to the local authority, including any plans or other particulars submitted in pursuance of article 7.
11 Notice of grant or refusal of licence.
11. (1) As soon as may be after the grant or refusal of a licence the local authority shall—
( a ) in the case of the grant of a licence, transmit the licence to the applicant,
( b ) in the case of the refusal of a licence, give notice of such refusal to the applicant,
( c ) in the case of the grant or refusal of a licence, give notice of such grant or refusal to any other person who submitted representations or objections in writing to the local authority in relation to the licence application and inform such person and the applicant that an appeal under section 8 may be made to the Board by any person within the period prescribed in article 26 and that any such appeal must be accompanied by a deposit of £10, and
( d ) in the case of the grant of a licence consequent on a licence application to which article 5 (1) does not apply, publish notice of such grant in a newspaper circulating in the functional area of the local authority.
(2) A notice under sub-article (1) shall specify—
( a ) the discharge to which the grant or refusal relates,
( b ) the date of the grant or refusal, and
( c ) in the case of the grant of a licence, the reference number in the register.
(3) A notice under sub-article (1) (c) may, where the local authority so decides, be published in a newspaper circulating in its functional area.
12 Form of licence.
12. Form No. 1 in the Second Schedule, or a form substantially to the like effect, shall be the form of every licence granted by a local authority, including a licence revised under section 7.
13 Notice of intention to review a licence.
13. (1) Where a local authority intends to review a licence it shall—
( a ) give notice of such intention to the person making, causing or permitting the discharge to which the licence relates, and
( b ) publish notice of such intention in a newspaper circulating in the functional area of the local authority.
(2) Every notice under sub-article (1) shall specify—
( a ) the reference number relating to the licence in the register,
( b ) the reasons for the review if a period of less than three years has elapsed since the date of the licence or the last review of the licence, and
( c ) that representations relating to the review may be made in writing to the local authority within one month of the date of the notice.
14 Information in relation to review of licence.
14. (1) Where a local authority gives notice under article 13 (1) (a) such notice may also require the person making, causing or permitting the discharge to which the licence relates to submit such plans or other particulars as it considers necessary for the purpose of the review.
(2) A local authority shall make available for public inspection during normal office hours at the offices of the local authority, from the time of receipt of the relevant documents until the review or any appeal relating thereto is determined, any plans and other particulars submitted to the local authority in connection with the review, including any such plans or other particulars submitted in pursuance of sub-article (1).
(3) Where a person fails or refuses to comply with any requirement of a local authority under sub-article (1) within three months the local authority may complete the review.
15 Local authority notice following review of licence.
15. (1) On completion of a review of a licence the local authority shall give notice of its decision to the person making, causing or permitting the discharge to which the licence relates and to any person who submitted representations in writing to the local authority under article 13 (2) (c).
(2) A notice by a local authority under sub-article (1) shall include a statement that an appeal under section 8 may be made to the Board by any person within the period prescribed in article 26 and that any such appeal must be accompanied by a deposit of £10 and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence the subject of the review has been amended,
( c ) any new conditions attached to the licence, and
( d ) the date of the local authority’s decision.
PART IIILICENSING BY SANITARY AUTHORITIES OF DISCHARGES TO SEWERS
16 Definitions for Part III.
16. In this Part—
“applicant” means an applicant for a licence under section 16;
“existing discharge” means an existing discharge as defined in section 18 (4);
“licence” means a licence under section 16;
“licence application” means an application to a sanitary authority for a licence under section 16;
“register” means the register required to be established and kept under section 9 (3);
“review” means review under section 17.
17 Application for licence.
17. (1) A licence application shall be accompanied by—
( a ) such plans, in duplicate, and such other particulars as are necessary to describe the premises, drainage system and any works, apparatus or plant from which the effluent or other matter is to be discharged and to identify the point of discharge to the sewer,
( b ) particulars of the nature, composition, anticipated temperature, volume and rate of discharge of, and the proposed method of any treatment of, the effluent or other matter and the period or periods during which the effluent or other matter is to be discharged, and
( c ) in the case of a trade effluent, a general description of the process or activity giving rise to the discharge.
(2) A licence application for an existing discharge shall be accompanied by a statement that it is such a discharge in addition to the information specified in sub-article (1).
(3) An applicant for a licence, other than a licence for an existing discharge, shall also furnish such other particulars, including the results of such investigations, as the sanitary authority may reasonably require for consideration of the application.
18 Investigation by sanitary authority.
18. Where an applicant fails or refuses to comply with any requirement of a sanitary authority under article 17 (3) in relation to the furnishing of results of any investigation within three months of such requirement, the sanitary authority may carry out, or arrange to have carried out, such investigation and may require the applicant to defray or contribute towards the cost of any such investigation.
19 Grant or refusal of licence in the absence of information.
19. A sanitary authority may grant or refuse a licence notwithstanding that plans or other particulars required under article 17 have not been furnished.
20 Notice of grant or refusal of licence.
20. As soon as may be after the grant or refusal of a licence the sanitary authority shall, in the case of the grant of a licence, transmit the licence to, or, in the case of the refusal of a licence, give notice of such refusal to, the applicant and shall inform him that an appeal under section 20 may be made to the Board and that any such appeal must be accompanied by a deposit of £10.
21 Form of licence.
21. Form No. 2 in the Second Schedule, or a form substantially to the like effect, shall be the form of every licence granted by a sanitary authority, including a licence revised under section 17.
22 Notice of intention to review a licence.
22. (1) Where a sanitary authority intends to review a licence it shall give notice of such intention to the person making, causing or permitting the discharge to which the licence relates.
(2) Every notice under sub-article (1) shall specify—
( a ) the reference number relating to the licence in the register,
( b ) the reasons for the review if less than three years has elapsed since the date of the licence or the last review of the licence, and
( c ) that representations relating to the review may be made in writing to the sanitary authority within one month of the date of the notice.
23 Information in relation to review of licence.
23. (1) Where a sanitary authority gives notice under article 22 such notice may also require the person making, causing or permitting the discharge to which the licence relates to submit such plans or other particulars as it considers necessary for the purpose of the review.
(2) Where a person fails or refuses to comply with any requirement of a sanitary authority under sub-article (1) within three months the sanitary authority may complete the review.
24 Sanitary authority notice following review of licence.
24. (1) On completion of a review of a licence a sanitary authority shall give notice of its decision to the person making, causing or permitting the discharge to which the licence relates.
(2) A notice by a sanitary authority under sub-article (1) shall include a statement that an appeal under section 20 may be made to the Board and that any such appeal must be accompanied by a deposit of £10 and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence the subject of the review has been amended, and
( c ) any new conditions attached to the licence.
PART IVAPPEALS
25 Definitions for Part IV.
25. In this Part—
“appeal” means an appeal under section 8 or section 20, except where otherwise provided,
“party to an appeal” means—
( a ) in the case of an appeal under section 8—
(i) the appellant,
(ii) the local authority which granted, refused or reviewed a licence in relation to which an appeal is made,
(iii) the applicant for a licence in relation to the grant or refusal of which an appeal is made by another person,
(iv) the person making, causing or permitting a discharge in the case of an appeal by another person in relation to a review of a licence for that discharge;
( b ) in the case of an appeal under section 20—
(i) the appellant,
(ii) the sanitary authority which granted, refused or reviewed a licence in relation to which an appeal is made.
26 Prescribed period for appeals under section 8.
26. The prescribed period for the purpose of an appeal under section 8 shall be—
( a ) in the case of an appeal relating to the grant or refusal of a licence the period of one month beginning on the date of the grant or refusal of the licence,
( b ) in the case of an appeal relating to the decision of a local authority on a review of a licence the period of one month beginning on the date of the local authority’s decision.
27 Form and content of appeal.
27. An appeal shall—
( a ) be made in writing,
( b ) state the subject matter of the appeal, and
( c ) state the grounds of appeal.
28 Copy of appeal.
28. The Board shall give a copy of an appeal to each other party to the appeal.
29 Documents, information, etc., in relation to appeals.
29. (1) Where an appeal is made to the Board, the local authority or sanitary authority which granted, refused or reviewed the licence in relation to which the appeal is made shall give to the Board such information or evidence in its possession or procurement as the Board may require for the purpose of determining the appeal, including in the case of an appeal relating to the grant or refusal of a licence a copy of the application and of the plans and particulars which accompanied it.
(2) A party to an appeal (other than a local authority or sanitary authority) shall give to the Board any document, information or evidence in his possession or procurement which the Board consider necessary for the purpose of determining the appeal.
(3) Where a person neglects or refuses to give the Board any document, information or evidence within such period as may at any time be specified by the Board, the Board may determine the appeal without such document, information or evidence.
(4) A copy of any document relevant to an appeal which is given to the Board by any party shall be given by the Board to each party not already possessed of a copy of such document, or shall be made available for inspection at the offices of the Board or at the offices of the local authority or sanitary authority which granted, refused or reviewed the licence in relation to which the appeal is made or at such convenient place as the Board may specify and each party not possessed of a copy of the document shall be informed that it is so available for inspection.
30 Observations on appeals.
30. A party to an appeal to whom a copy of an appeal has been given under article 28 may, within such period as may at any time be specified by the Board, make in writing to the Board such observations on the appeal as he thinks fit and a copy of such observations shall be given by the Board to each other party to the appeal or, where a number of persons have made the appeal jointly, to any one of such persons.
31 Oral hearings.
31. (1) A party to an appeal may request an oral hearing of the appeal and any such request shall be made in writing to the Board.
(2) A request for an oral hearing may be withdrawn at any time.
(3) Where the Board decide to hold an oral hearing, the Board shall inform each of the parties to the appeal and shall give each party not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all the parties to the appeal.
(4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give each party not less than seven days notice of the new time and place or such shorter notice as may be accepted by all the parties to the appeal.
(5) Where the parties to an appeal have been informed that an oral hearing is to be held and where, following the withdrawal of a request for an oral hearing, or a decision by the Board, the appeal falls to be determined without an oral hearing, the Board shall give notice accordingly to the parties and shall not determine the appeal until seven days after the date of the giving of the notice or such longer period as the Board may specify in the notice.
(6) An oral hearing shall be conducted by the Board or by a person appointed for that purpose by the Board generally or for a particular appeal or for appeals of a particular class.
(7) If, for any reason, the person appointed is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a report on an oral hearing to the Board, the Board may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
32 Procedure at oral hearing.
32. The Board or other person conducting an oral hearing shall have discretion as to the conduct of the hearing and in particular shall—
( a ) conduct the hearing without undue formality,
( b ) decide the order of appearance of the parties,
( c ) permit any party to appear in person or to be represented by another person, and
( d ) hear, if they think fit, any person who is not a party to the appeal.
33 Adjournment or re-opening of oral hearing.
33. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an oral hearing may adjourn or re-open any hearing or, notwithstanding that any party has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each of the parties to the appeal not less than seven days before the said time unless all such parties accept shorter notice.
(3) Unless the Board consider it expedient to do so and so direct, an oral hearing shall not be re-opened after the report thereon has been submitted to the Board.
34 Notification by the Board of decision on appeal.
34. (1) The Board shall notify every party to an appeal of its decision on the appeal.
(2) Every notification under sub-article (1) to a person, other than a local authority or sanitary authority, shall specify the nature of the decision, including any directions given to the local authority or sanitary authority relating to the granting or revoking of a licence or the attachment, amendment or deletion of conditions.
35 Compliance with directions.
35. On complying with directions of the Board in relation to a licence the local authority or sanitary authority shall notify the holder of the licence of such compliance.
PART VREGISTERS
36 Form of registers.
36. (1) The register required to be established and kept by a local authority under section 9(1) shall be in the form of and contain the particulars specified in Form No. 3 in the Second Schedule.
(2) The register required to be established and kept by a local authority under section 9 (2) shall be in the form of and contain the particulars specified in Form No. 4 in the Second Schedule.
(3) The register required to be established and kept by a sanitary authority under section 9 (3) shall be in the form of and contain the particulars specified in Form No. 5 in the Second Schedule.
37 Exempted abstractions.
37. Abstractions of the class specified in the Third Schedule shall be exempt from section 9 (2).
38 Fee for copy of entry in register.
38. The prescribed fee for a copy of any entry in a register shall be £1.
PART VIWATER QUALITY MANAGEMENT PLANS
39 Definition for Part VI.
39. In this Part—
“plan” means a water quality management plan under section 15.
40 Notice of proposed plan.
40. (1) Where a local authority proposes to make, revise or replace a plan it shall publish notice of such intention in at least one newspaper circulating in its functional area.
(2) A notice under sub-article (1) shall indicate—
( a ) the waters to which the plan relates,
( b ) that a copy of the plan may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly),
( c ) that any person may make written representations relating to the plan to the local authority within the period stated under paragraph ( b ), and
( d ) in the case of a plan to be made, revised or replaced jointly by two or more local authorities, that the plan is to be so made, revised or replaced and the local authorities concerned.
41 Notice of the making, etc., of a plan.
41. (1) Where a local authority makes, revises or replaces a plan, it shall publish notice to this effect in at least one newspaper circulating in its functional area.
(2) A notice under sub-article (1) shall state that a copy of the plan is available for inspection at a stated place and at stated times.
(3) Where the plan has been made, revised or replaced jointly by two or more local authorities the notice under sub-article (1) shall indicate that the plan has been so made, revised or replaced and shall specify those local authorities.
42 Copy of plan on payment of fee.
42. Where application is made to a local authority for a copy of a plan or part thereof, the local authority shall issue a copy to the applicant on payment by him to the local authority of a sum which shall not exceed the reasonable cost of making the copy.
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.
SECOND SCHEDULE
Form No. 1
Article 12
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977 LICENCE TO DISCHARGE TRADE OR SEWAGE EFFLUENT TO WATERS
Reference number in register:—
Local Authority 1 :— ……………………………………………
To ……………………………………………..
………………………………………………
………………………………………………
……………………………………………….
The ( )1, in exercise of the powers conferred on it by the Local Government (Water Pollution) Act, 1977 hereby grants a licence 2/ a revised licence in substitution for licence dated …………….. reference number ………………… 2/ to discharge ( )3 effluent from ( )4 located at ( )5 to ( )6 at( )7/subject to the following conditions 8 :—
Dated this ………………………………… day of ………………………. 19
…………………………………..
City/County Manager
Order No. ______________
Directions for completing this form
1. Insert name of local authority.
2. Delete words which do not apply.
3. Insert “trade”, “sewage” or “trade and sewage”.
4. Insert description of premises, works, apparatus, plant or drainage pipe.
5. Insert location of premises, works, apparatus, plant or drainage pipe.
6. Insert description of the waters.
7. Insert description of point(s) of discharge.
8. Delete if not subject to conditions.
Form No. 2
Article 21
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977
LICENCE TO DISCHARGE TRADE EFFLUENT OR OTHER MATTER TO A SEWER
Reference number in register:—
Sanitary Authority 1:—……………………………………
To ……………………………………………..
………………………………………………….
………………………………………………….
………………………………………………….
The ( )1, in exercise of the powers conferred on it by the Local Government (Water Pollution) Act, 1977 hereby grants a licence 2/a revised licence in substitution for licence dated ………………. reference number …………………. 2/to discharge trade effluent 3 from ( )4 located at ( )5 to ( )6 at
( )7/subject to the following conditions 8:—
Dated this ………………………………… day of ………………………. 19
…………………………………….
City/County Manager
Order No. _________
Directions for completing this form
1. Insert name of sanitary authority.
2. Delete words which do not apply.
3. If licence relates to matter other than trade effluent, delete and insert description of the other matter.
4. Insert description of premises, works, apparatus, plant or drainage pipe.
5. Insert location of premises, works, apparatus, plant or drainage pipe.
6. Insert description of sewer.
7. Insert description of point(s) of discharge.
8. Delete if not subject to conditions.
Form No. 3
Article 36 (1)
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977
REGISTER OF LICENCES under section 4
FOR THE DISCHARGE OF TRADE AND SEWAGE EFFLUENTS TO WATERS
Local Authority ……………………………..
1. Reference number of the licence ________________________________________________
2. Name and address of applicant ________________________________________________
________________________________________________________________________
3. Location of the premises, works, apparatus, plant or drainage pipe from which the effluent is discharged _____________________________________________________________
4. Description of waters to which discharge is made ______________________________
5. Location of point(s) of discharge _____________________________________________
6. Description of effluent _____________________________________________________
7. Date of grant of licence ____________________________________________________
8. Conditions attached to licence ________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
9. If licence is a revised licence-reference number of previous licence ______________________
_____________________________________________________________________
10. Notification by An Bord Pleanála of appeal
Date __________________
Board’s reference ________
11. Result of appeal__________________________________________________________
Form No. 4
Article 36 (2)
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977
REGISTER OF ABSTRACTIONS FROM WATERS
Local Authority ……………………………….
1. Name and address of person making abstraction _________________________________
______________________________________________________________________
2. Source from which water is abstracted __________________________________________
______________________________________________________________________
3. Point(s) of abstraction ______________________________________________________
_______________________________________________________________________
4. Purpose for which abstracted water is used _______________________________________
______________________________________________________________________
_______________________________________________________________________
5. ( a ) Average daily abstraction rate calculated over one year ________________________
( b ) Maximum quantity abstracted in any period of 24 hours _________________________
( c ) Maximum rate of abstraction per hour _______________________________________
( d ) The period or periods during which the abstraction is made _____________________
___________________________________________________________________
( e ) Seasonal or other changes in rate of abstraction, if any ________________________
___________________________________________________________________
6. Point(s) of return of abstracted water, after use ___________________________________
_______________________________________________________________________
Form No. 5
Article 36 (3)
LOCAL GOVERNMENT (WATER POLUTION) ACT, 1977
REGISTER OF LICENCES under section 16
FOR THE DISCHARGE OF TRADE EFFLUENT OR OTHER MATTER TO A SEWER
Sanitary Authority ……………………………………
1. Reference number of the licence __________________________________________
2. Name and address of applicant ____________________________________________
___________________________________________________________________
3. Location of the premises, works, apparatus, plant or drainage pipe from which the effluent is discharged __________________________________________________________
4. Description of the sewer to which discharge is made ____________________________
___________________________________________________________________
5. Location of point(s) of discharge ___________________________________________
6. Description of trade effluent or other matter __________________________________
___________________________________________________________________
___________________________________________________________________
7. Date of grant of licence _________________________________________________
8. Conditions attached to licence____________________________________________
___________________________________________________________________
___________________________________________________________________
9. If licence is a revised licence—reference number of previous licence _____________
___________________________________________________________________
10. Notification by An Bord Pleanála of appeal
Date _____________________
Board’s reference ____________
11. Result of appeal _______________________________________________________
Article 37
THIRD SCHEDULE
EXEMPTED ABSTRACTIONS
Abstractions which do not exceed 25 cubic metres in any period of 24 hours.
GIVEN under the Official Seal of the Minister for the Environment this
5th day of April, 1978.
SYLVESTER BARRETT,
Minister for the Environment.
EXPLANATORY NOTE
The provisions of the Regulations relate to procedural matters in relation to licensing of discharges to waters and to sewers, appeals to An Bord Pleanála in relation thereto, registers of licenses and of water abstractions, water quality management plans and other miscellaneous matters under the Local Government (Water Pollution) Act, 1977 .
Local Government (Water Pollution) (Amendment) Regulations, 1996.
LOCAL GOVERNMENT (WATER POLLUTION) (AMENDMENT) REGULATIONS, 1996
The Minister for the Environment, in exercise of the powers conferred on him by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) hereinafter called the “Act of 1977”, by sections 6 and 19 of that Act as amended respectively by sections 4 and 14 of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990) and by section 26 of the Act of 1977, as amended by sections 18 and 29 of the Local Government (Water Pollution) (Amendment) Act, 1990 , hereby makes the following Regulations:—
1. (1) The Regulations may be cited as the Local Government (Water Pollution) (Amendment) Regulations, 1996.
(2) These Regulations, the Local Government (Water Pollution) Regulations, 1978 ( S.I. No. 108 of 1978 ) and the Local Government (Water Pollution) Regulations, 1992 ( S.I. No. 271 of 1992 ), shall be construed together and may be collectively cited as the Local Government (Water Pollution) Regulations, 1978 to 1996.
2. These Regulations shall come into operation on the 24th day of June, 1996.
3. In these Regulations —
a reference to a sub-article which is not otherwise identified is a reference to a sub-article of the provision in which the reference occurs;
“the Act of 1990” means the Local Government (Water Pollution) (Amendment) Act, 1990 ;
“the 1978 Regulations” means the Local Government (Water Pollution) Regulations, 1978;
“the 1992 Regulations” means the Local Government (Water Pollution) Regulations, 1992.
4. The 1978 Regulations are hereby amended by the substitution for article 19A (inserted by article 6(b) of the 1992 Regulations) of the following article:
“19A. – (1) Subject to sub-article (2), where a license application is made to a sanitary authority in accordance with these Regulations and the relevant requirements of or under these Regulations are complied with, the sanitary authority shall determine the application within a period of two months beginning on the day of the receipt of the application or the day on which all of those requirements are complied with, whichever is the later.
(2) Where a license application is made to a sanitary authority in accordance with section 22(5) (a) of the Act of 1990 and the relevant requirements of or under these Regulations are complied with, the sanitary authority shall determine the application within a period of two months beginning on the day upon which the order under section 22(1) of the Act of 1990 comes into operation or the day on which all of those requirements are complied with, whichever is the later.”.
5. The 1992 Regulations are hereby amended by —
(a) the insertion after article 42 of the following article:
“42A. Articles 41 and 42 shall not apply to a case where a local authority finds that a harmful substance in sewage effluent or trade effluent is present in so small a quantity and concentration as to obviate present or future danger of deterioration in the quality of the water in the aquifer to which the discharge is proposed to be made.”,
(b) the insertion of the words “Subject to sub-article (3),” before the words “A quality standard” in article 46(1),
(c) the addition of the following sub-article to article 46:
“(3) Sub-article (1) shall not apply in respect of a harmful substance which might be caused or permitted to enter water in an aquifer where a local authority finds that the harmful substance is present in so small a quantity and concentration as to obviate present or future danger of deterioration in the quality of the water.”.
GIVEN under the Official Seal of the Minister for the Environment
Dated this 19th day of June 1996.
Brendan Howlin
Minister for the Environment
EXPLANATORY NOTE
These Regulations amend provisions of the Local Government (Water Pollution) Regulations, 1978 ( S.I. No. 108 of 1978 ), concerning the application of the standard two month period allowed for the determination of license applications for effluent discharges to sewers in circumstances where discharges are made to combined drains declared to be sewers for the purposes of the Local Government (Water Pollution) Acts 1977 and 1992. The Regulations also amend provisions of the Local Government (Water Pollution) Regulations, 1992 ( S.I. No. 271 of 1992 ), on the control of discharges to aquifers in situations where harmful substances are present in discharges, materials being disposed, etc. in such small quantities as to pose no risk to the quality of groundwaters.
Microbeads (Prohibition) Act 2019
An Act to provide for the prohibition on the manufacture or placing on the market of certain products containing microbeads; to impose restrictions in relation to the disposal of substances containing microbeads; and to provide for matters connected therewith.
[26th December, 2019]
Be it enacted by the Oireachtas as follows:
Interpretation
1. In this Act—
“Act of 1992” means the Environmental Protection Agency Act 1992 ;
“Agency” means the Environmental Protection Agency established by the Act of 1992;
“authorised person” means—
(a) an authorised person appointed under the Act of 1992, or
(b) an officer of customs within the meaning of the Customs Act 2015 ;
“body surface” means the skin, mucous membrane, hair, nails, teeth or gums of a person;
“cleaning product” means any substance (including any detergent, fabric softener, conditioner, bleaching agent or solvent) that is intended to be used at any stage during—
(a) the cleaning of any surface, article or material, or
(b) the preparation for cleaning of any surface, article or material;
“cosmetic product” means any substance or combination of substances produced for the purpose of cleaning, protecting or maintaining a body surface or changing the appearance or improving the condition of a body surface;
“microbead” means a solid plastic particle that is—
(a) not water soluble,
(b) not more than 5 millimetres at its widest point, and
(c) not less than one nanometre at its narrowest point;
“Minister” means the Minister for Housing, Planning and Local Government;
“place on the market” means—
(a) sell,
(b) offer or expose for sale,
(c) invite the making by a person of an offer to purchase,
(d) distribute free of charge,
(e) import,
(f) export, or
(g) supply for any of those purposes (whether or not for profit);
“plastic” means a synthetic polymer that—
(a) can be moulded, extruded or physically manipulated into different shapes, and
(b) that retains its final manufactured shape when used for the purpose for which it was manufactured;
“record” includes, in addition to a record in writing—
(a) a plan, chart, map, drawing, diagram or pictorial or graphic image,
(b) a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(c) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
(d) a photograph.
Prohibition
2. (1) A person shall not manufacture or place on the market a cosmetic product that—
(a) is water soluble, and
(b) contains microbeads in excess of the permitted concentration.
(2) A person shall not manufacture or place on the market a cleaning product that—
(a) is water soluble, and
(b) contains microbeads in excess of the permitted concentration.
(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence.
(4) It shall be a defence to proceedings for an offence consisting of a contravention of subsection (1) or (2) for the defendant to show that he or she took all measures reasonably necessary to prevent such contravention.
(5) In this section “permitted concentration” means, in relation to a cosmetic product or cleaning product containing microbeads, a concentration of microbeads that does not result in the aggregate weight of the microbeads in the product exceeding 0.01 per cent of the weight of the product.
Exemption
3. (1) Section 2 shall not apply to—
(a) a medicinal product (within the meaning of the Irish Medicines Board Act 1995 ) the manufacture or placing on the market of which is not prohibited under an enactment other than this Act,
(b) any product the purpose of which is to protect the skin from the effects of ultra violet radiation,
(c) the supply of a product to—
(i) a relevant provider within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 , or
(ii) an approved body,
for the purpose of the performance by it of its functions,
(d) products in transit through the State from a place outside the State to another place outside the State, or
(e) a product to which regulations under subsection (3) apply.
(2) The Agency may approve a body (in this section referred to as an “approved body”) in writing for the purposes of this section if it is satisfied that it is a function of the body to engage in scientific research or carry out scientific examinations of substances.
(3) The Minister may make regulations exempting any product or class of product essential to the carrying out of a specified industrial cleaning process from the application of this Act if he or she is satisfied that—
(a) that process would not be capable of being effected without such product, and
(b) there is no effective cleaning method that could be employed as an alternative to that process.
(4) Regulations under this section shall specify—
(a) the product or class of product to which the exemption under the regulations shall apply, and
(b) the industrial cleaning process for which that substance is required.
(5) Regulations under this section may specify conditions in relation to—
(a) the use of a product to which an exemption under the regulations applies, or
(b) the storage and disposal of such product.
(6) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Disposal of microbeads
4. (1) A person shall not dispose, or cause the disposal, of a substance containing microbeads in—
(a) the maritime area or the inland waters of the State,
(b) any drain, service connection or waste water works,
(c) any domestic waste water treatment system, or
(d) on the high seas from an Irish ship.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to show that he or she took all measures reasonably necessary to prevent a contravention of subsection (1).
(4) In this section—
“Act of 2007” means the Water Services Act 2007 ;
“domestic waste water treatment system” has the meaning assigned to it by Part 4A (inserted by section 4 of the Water Services (Amendment) Act 2012 ) of the Act of 2007;
“drain”, “groundwater”, “service connection” and “waste water works” have the meanings assigned to them by the Act of 2007;
“inland waters” means all inland or internal waters of the State (whether or not artificially created) and includes all rivers, lakes, streams, ponds, aquifers, canals, reservoirs and groundwater;
“maritime area” has the meaning assigned to it by Part 5 of the Planning and Development (Amendment) Act 2018.
Powers of authorised persons
5. (1) For the purposes of this Act, an authorised person may—
(a) subject to subsection (2), enter (at all reasonable times and, if necessary, by the use of reasonable force) and inspect any premises at which he or she has reasonable grounds for believing that—
(i) any trade, business or activity connected with the manufacture, placing on the market, disposal, storage, packaging or labelling of products containing microbeads is being or has been carried on, or
(ii) books, records or other documents (including documents stored in non-legible form) relating to such trade, business or activity are kept,
(b) at such premises inspect and take copies of—
(i) any books, records, other documents (including documents stored in non-legible form) or extracts therefrom, or
(ii) labels or packaging relating to products containing microbeads,
that he or she finds in the course of his or her inspection,
(c) remove any such books, records, documents, labels or packaging from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) conduct, or cause to be conducted, such examinations and inspections of—
(i) any products containing microbeads,
(ii) packaging of such products,
(iii) any article or substance used in connection with the manufacture, labelling, packaging or storage of such products, or
(iv) any equipment, machinery or plant,
found at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(e) require any person at the premises, the owner or person in charge of the premises or any person employed therein to—
(i) give to the authorised person such assistance and information, and
(ii) produce to the authorised person—
(I) such labels or packaging relating to products containing microbeads, and
(II) books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof),
that are in that person’s possession or procurement, as the authorised person may reasonably require for the purposes of his or her functions under this Act,
(f) require any person at the premises (including the owner, person in charge of the premises and any person employed therein) to answer such questions as the authorised person may ask relative to any matter in connection with compliance with this Act,
(g) for the purposes of analysis and examination, take samples of—
(i) any substance or product—
(I) containing microbeads, or
(II) that he or she has reasonable grounds for believing contains microbeads,
(ii) packaging relating to any such substance or product, or
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,
found at the premises,
(h) direct that any—
(i) substance or product—
(I) containing microbeads, or
(II) that he or she has reasonable grounds for believing contains microbeads, or
(ii) packaging relating to any such substance or product,
that is found at the premises not be moved from the premises without his or her consent,
(i) secure for later inspection the premises, or any part of the premises, in which—
(i) any substance or product—
(I) containing microbeads, or
(II) that he or she has reasonable grounds for believing contains microbeads,
(ii) packaging relating to any such substance or product, or
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,
is found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act, or
(j) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) for examination and analysis—
(i) any substance or product containing microbeads,
(ii) packaging relating to any such substance or product, or
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,
found at the premises.
(2) An inspector shall not enter a dwelling, other than—
(a) with the consent of the occupier of the dwelling, or
(b) pursuant to a warrant under subsection (3).
(3) Upon the sworn information of an authorised person, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—
(a) any trade, business or activity connected with the manufacture, placing on the market, disposal, storage, packaging or labelling of products containing microbeads, is being or has been carried on, or
(b) information, books, records or other documents (including information, books, records or documents stored in non-legible form) relating to such trade, business or activity are kept,
at a dwelling, issue a warrant authorising a named authorised person, accompanied by such other authorised persons or members of the Garda Síochána as the judge considers necessary to—
(i) enter the dwelling (if necessary by the use of reasonable force),
(ii) inspect the dwelling, and
(iii) perform the functions of an authorised person under paragraphs (b), (c), (d), (e), (f), (g), (h), (i) and (j) of subsection (1),
at any time or times before the expiration of one month from the date of issue of the warrant.
(4) Where an authorised person, upon reasonable grounds, believes that a person has committed an offence under this Act, the authorised person may require the person to provide the authorised person with his or her name and the address at which he or she ordinarily resides and documentary confirmation thereof.
(5) A person who—
(a) obstructs or interferes with an authorised person or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (3) or impedes the exercise by the authorised person or member, as the case may be, of such power,
(b) fails or refuses to comply with a requirement of an authorised person or member of the Garda Síochána pursuant to paragraph (e) or (f) of subsection (1) or subsection (7), or in purported compliance with such requirement gives information or makes a declaration to the authorised person or member that he or she knows to be false or misleading in any material respect, or
(c) fails or refuses to comply with a direction of an authorised person or member of the Garda Síochána pursuant to paragraph (h) of subsection (1),
shall be guilty of an offence.
(6) A statement or admission made by a person pursuant to a requirement under paragraph (e) or (f) of subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).
(7) Where an authorised person, in the course of performing functions under this section, finds any substance or product containing microbeads at the premises concerned, he or she may require the person in charge of the premises to provide him or her with the name of the person who supplied that product and the address at which the person who supplied that product resides or has his or her principal place of business.
(8) In this section—
“person in charge” means, in relation to a premises—
(a) the person under whose direction and control any activities at that premises are being conducted, or
(b) the person whom the authorised person reasonably believes to be directing and controlling any activities taking place at that premises;
“premises” includes vehicle, vessel, ship, aircraft and railway carriage.
Offences by bodies corporate
6. Where an offence under this Act is committed by a body corporate with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Penalties
7. (1) A person guilty of an offence under this Act (other than an offence under subsection (5) of section 5 ) shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 5 years or both.
(2) A person guilty of an offence under subsection (5) of section 5 shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.
Prosecution of offences
8. (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Agency.
(2) Where a person is convicted of an offence under this Act, the court shall order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.
Information and reports, and review of operation of Act
9. (1) The Minister may, from time to time by direction in writing, require the Agency to—
(a) give him or her such information (including information of a statistical nature) as is specified in the direction, or
(b) prepare, and submit to him or her, such report or reports as is or are specified in the direction,
within such period as may be so specified.
(2) The Minister may, from time to time by direction in writing, require the Agency to conduct (within such period as is specified in the direction) such review of the operation of this Act as is specified in the direction.
(3) The Agency shall comply with a direction under this section.
Expenses
10. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.
Short title, commencement and collective citation
11. (1) This Act may be cited as the Microbeads (Prohibition) Act 2019.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
S.I. No. 254/2001 –
Urban Waste Water Treatment Regulations, 2001
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 6 and 59 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions)(No. 2) Order, 1997 ( S.I. No.428 of 1997 ), and for the purpose of giving effect to the Directive of the European Parliament and of the Council of 23 October 2000 (No. 2000/60/EC)(1) and to the Council Directive of 21 May 1991 (No. 91/271/EEC)(2) as amended by the Commission Directive of 27 February 1998 (No. 98/15/EC)(3) , I Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations;
1. These Regulations may be cited as the Urban Waste Water Treatment Regulations, 2001.
2. In these Regulations –
any reference to an article or Schedule which is not otherwise identified is a reference to an article or Schedule of these Regulations;
any reference to a sub-article which is not otherwise identified is a reference to a sub-article of the article in which the reference occurs;
“agglomeration” means an area where the population and/or economic activities are sufficiently concentrated for urban waste water to be collected and conducted to an urban waste water treatment plant or to a final discharge point;
“appropriate treatment” means treatment of urban waste water by any process and/or disposal system which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of the Directive and of other Community Directives;
“coastal waters” means the waters outside the low-water line or the outer limit of an estuary;
“collecting system” means a system of conduits which collects and conducts urban waste water;
“domestic waste water” means waste water from residential settlements and services which originates predominantly from the human metabolism and from household activities;
“estuary” means the transitional area at the mouth of a river between freshwater and coastal waters;
“eutrophication” means the enrichment of water by nutrients especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
“industrial waste water” means any waste water which is discharged from premises used for carrying on any trade or industry, other than domestic waste water and run-off rain water;
“population equivalent” is a measurement of organic biodegradable load and a population equivalent of 1 (1 p.e.) means the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60g of oxygen per day; the load shall be calculated on the basis of the maximum average weekly load entering the treatment plant during the year, excluding unusual situations such as those due to heavy rain;
“secondary treatment” means treatment of urban waste water by a process generally involving biological treatment with a secondary settlement or other process in which the requirements established in Part 1 of the Second Schedule are respected;
“sensitive areas” means those areas specified in the Third Schedule and such other areas as may be identified pursuant to Article 5 of the Directive;
“sludge” means residual sludge, whether treated or untreated, from urban waste water treatment plants;
“the Directive” means Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment as amended by the Commission Directive of 27 February 1998 (No. 98/15/EC), and references to other Community Directives are references to Directives other than Council Directive 91/271/EEC;
“urban waste water” means domestic waste water or the mixture of domestic waste water with industrial waste water and/or run-off rain water.
3. (1) Subject to sub-articles (2) and (3), a sanitary authority shall provide a collecting system for urban waste water –
(a) on the commencement of these Regulations for every agglomeration with a population equivalent of more than 10,000 which discharges into any of the sensitive areas specified in Part 1 of the Third Schedule or into the relevant catchment areas of such sensitive areas,
(b) on the commencement of these Regulations for every agglomeration with a population equivalent of more than 15,000,
(c) by 31 December 2005 for every agglomeration with a population equivalent between 2,000 and 15,000.
(2) A collecting system required under sub-article (1) shall satisfy the requirements of the First Schedule.
(3) Sub-article (1) shall not apply where the provision of a collecting system is not justified either because it would produce no environmental benefit or because it would involve excessive cost, provided that the sanitary authority is satisfied that individual systems or other appropriate systems are used which achieve the same level of environmental protection.
4. (1) In the case of urban waste water entering collecting systems, a sanitary authority shall provide treatment plants which provide for secondary treatment or an equivalent treatment –
(a) on the commencement of these Regulations, or such later date, not being later than 31 December 2005, as the European Commission may agree pursuant to a request under Article 8 of the Directive, in respect of all discharges from agglomerations with a population equivalent of more than 15,000,
(b) by 31 December 2005 in respect of all discharges from agglomerations with a population equivalent of between 10,000 and 15,000;
(c) by 31 December 2005 in respect of all discharges to freshwaters and estuaries from agglomerations with a population equivalent of between 2,000 and 10,000.
(2) (a) Notwithstanding sub-article (1) and subject to sub-articles (3) and (4), a sanitary authority shall provide treatment plants which provide more stringent treatment than secondary treatment or an equivalent treatment in respect of all discharges from agglomerations with a population equivalent of more than 10,000 into sensitive areas or into the relevant catchment areas of sensitive areas where the discharges contribute to the pollution of these areas.
(b) A treatment plant to be provided by a sanitary authority in accordance with this sub-article shall be provided —
(i) on the commencement of these Regulations in the case of a sensitive area specified in Part 1 of the Third Schedule, and
(ii) by 31 May 2008 in the case of a sensitive area specified in Part 2 of the Third Schedule.
(3) Subject to sub-article (4), a discharge from a treatment plant required under sub-article (2) shall satisfy the requirements of Parts 1 and 2 of the Second Schedule.
(4) (a) Sub-articles (2) and (3) shall not apply in respect of individual treatment plants where the sanitary authority is satisfied that the minimum percentage of reduction of the overall load entering all urban waste water treatment plants in a sensitive area is at least 75% for total phosphorus and for total nitrogen.
(b) Sub-article (3) shall not operate to require the reduction of nutrients in discharges to estuaries, bays or coastal waters where the sanitary authority is satisfied that such reduction will have no effect on the level of eutrophication in the receiving waters.
5. Notwithstanding the provisions of article 4, more stringent requirements than those specified in Parts 1 and 2 of the Second Schedule shall be applied to discharges from a treatment plant where this is required to ensure that the receiving waters satisfy any other relevant Community Directives.
6. The water bodies specified in the Third Schedule are hereby identified as sensitive areas for the purposes of these Regulations.
7. A sanitary authority shall ensure by 31 December 2005 that urban waste water entering a collecting system shall before discharge be subject to appropriate treatment in the following cases:
(a) in respect of discharges to freshwater and estuaries from agglomerations with a population equivalent of less than 2,000;
(b) in respect of discharges to coastal waters from agglomerations with a population equivalent of less than 10,000.
8. (1) A sanitary authority shall ensure that a treatment plant provided in compliance with the requirements of these Regulations is designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions
(2) Seasonal variations of the load shall be taken into account when designing a treatment plant.
(3) A treatment plant shall be so designed or modified that representative samples can be obtained of the incoming waste water and of treated effluent before discharge to receiving waters.
(4) A point of discharge of urban waste water shall be so chosen as to minimise the adverse effects on the receiving environment.
9. A sanitary authority shall take all such steps, as may be appropriate, in discharge of its functions under sections 16 and 17 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), as amended respectively by sections 12 and 13 of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), and under section 97 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), to ensure that the requirements of the Fourth Schedule are met with respect to the discharge of industrial waste water and shall review, and if necessary revise, any licence concerned at regular intervals.
10. (1) A sanitary authority shall carry out, cause to be carried out, or arrange for, the monitoring of:
(a) discharges from urban waste water treatment plants in accordance with the procedures set out in the Fifth Schedule in order to verify compliance with the requirements of these Regulations, as appropriate, and
(b) waters subject to a discharge from an urban waste water treatment plant where it can be expected that the receiving waters will be significantly affected.
(2) The results of monitoring carried out under this article shall be transmitted to the Agency in such manner and at such times as the Agency shall direct.
11. The Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) Regulations, 1994 ( S.I. No. 419 of 1994 ) and the Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment)(Amendment) Regulations, 1999 ( S.I. No. 208 of 1999 ) are hereby revoked.
First Schedule
Collecting Systems
A collecting system shall take into account waste water treatment requirements.
The design, construction and maintenance of a collecting system shall be undertaken in accordance with the best technical knowledge not entailing excessive costs, notably regarding;
–
volume and characteristics of urban waste water.
–
prevention of leaks, and
–
limitation of pollution of receiving waters due to storm water overflows.
Second Schedule
Part 1
The values for concentrations or for the percentage of reduction shall apply.
Parameters
Concentration
Minimum percentage of reduction (1)
Reference method
of measurement
Biochemical oxygen demand (BOD5 at 20° C) without nitrification (2)
25 mg/l O2
70-90
Homogenized, unfiltered, undecanted sample. Determination of dissolved oxygen before and after five-day incubation at 20° C ± 1° C, in complete darkness. Addition of a nitrification inhibitor
Chemical oxygen demand (COD)
125 mg/l O2
75
Homogenized, unfiltered, undecanted sample Potassium dichromate
Total suspended solids
35 mg/l
90
– Filtering of a representative sample through a 0,45 um filter membrane. Drying at 105°C and weighing
– Centrifuging of a representative sample (for at least five mins with mean acceleration of 2,800 to 3,200 g), drying at 105°C and weighing
Part 2
Requirements for discharges from urban waste water treatment plants to sensitive areas. One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply.
Parameters
Concentration
Minimum
percentage of reduction (1)
Reference
method of measurement
Total phosphorus
2 mg/l
80
Molecular absorption spectrophotometry
(10,000 – 100,000 p.e.)
1 mg/l
(more than 100,000 p.e.)
Total nitrogen (2)
15 mg/l
70 – 80
Molecular absorption spectrophotometry
(10,000 – 100,000 p.e.)(3)
10 mg/l
(more than 100,000 p.e.) (3)
Third Schedule
Sensitive Areas
Part 1
Rivers
River Boyne, County Meath – 6.5 km section downstream of sewage treatment works outfall at Blackcastle, Navan, County Meath.
River Camlin, County Longford – from sewage treatment works at Longford to entry into the River Shannon.
River Castlebar, County Mayo – downstream of sewage treatment works outfall at Knockthomas to entry into Lough Cullin.
River Liffey – downstream of Osberstown sewage treatment works to Leixlip reservoir, County Kildare.
River Nenagh, County Tipperary – downstream of sewage treatment works outfall in Nenagh to entry into Lough Derg.
River Tullamore, County Offaly – 0.5 km section downstream of sewage treatment works outfall in Tullamore.
Lakes
Lough Derg and Lough Ree on the River Shannon.
Lough Leane, County Kerry.
Lough Oughter, County Cavan.
Part 2
Rivers
River Blackwater (Monaghan) – from the confluence of the River Shambles to Newmills Bridge.
River Brosna – downstream of Mullingar sewage outfall [opposite intersection of regional road (R400) with N52 south of Mullingar], to Lough Ennell.
River Cavan – from the bridge at Lisdarn downstream of Cavan Town to the Annalee River confluence.
River Proules – downstream of Carrickmacross sewage outfall, to confluence with the River Glyde.
River Barrow – downstream of Portarlington sewage outfall, to Graiguenamanagh Bridge.
River Triogue – downstream of Portlaoise sewage outfall, to confluence with the River Barrow.
River Nore – downstream of Kilkenny sewage outfall, to Inistioge Bridge.
River Hind – downstream of Roscommon Town sewage outfall, to Lough Ree.
River Suir – downstream of Thurles sewage outfall, to Twoford Bridge.
River Suir – downstream of Clonmel sewage outfall, to Coolnamuck Weir.
Little Brosna River – downstream of Roscrea sewage outfall below its confluence with the Bunow River, to the bridge near Brosna House.
River Blackwater (Munster) – downstream of Mallow railway bridge, to Ballyduff Bridge.
Lakes
Lough Ennell, County Westmeath.
Lough Muckno, County Monaghan.
Lough Monalty, County Monaghan.
Estuaries
Broadmeadow Estuary (Inner) – from the bridge west of Lissenhall (Broadmeadow River) to the railway viaduct.
Liffey Estuary – from Islandbridge weir to Poolbeg Lighthouse, including the River Tolka basin and South Bull Lagoon.
Slaney Estuary (Upper) – from Enniscorthy railway bridge to Macmine.
Slaney Estuary (Lower) – from Macmine to Drinagh / Big Island
Barrow Estuary – from the weir at Bahana Wood to New Ross Bridge.
Suir Estuary (Upper) – from Coolnamuck Weir to Mount Congreve.
Bandon Estuary Upper – from Inishannon Bridge to Kinsale Western Bridge.
Bandon Estuary Lower – downstream of Kinsale Western Bridge, to Money Point.
Lee Estuary Upper (Tralee) – from Ballymullin Bridge to seaward end of Tralee Ship Canal / Annagh Island.
Feale Estuary Upper – downstream of Finuge Bridge, to Poulnahaha old Railway Bridge.
Cashen / Feale Estuary – downstream of Poulnahaha old Railway Bridge, to Moneycashen.
Killybegs Harbour – Killybegs Harbour inside Kane’s Rock / Carntullagh Head.
Castletown Estuary – from the weir 130 m downstream St. Johns Bridge (Castletown River) to Pile Light.
Blackwater Estuary Upper – from Bullsod Island (1 km downstream Lismore Bridge) to Dromana Ferry.
Blackwater Estuary Lower – downstream of Dromana Ferry, to near East Point, Youghal Harbour.
Fourth Schedule
Industrial Waste Water
Industrial waste water entering collecting systems and urban waste water treatment plants shall be subject to such pre-treatment as is required in order to:
protect the health of staff working in collecting systems and treatment plants;
ensure that collecting systems, waste water treatment plants and associated equipment are not damaged;
ensure that the operation of a waste water treatment plant and the treatment of sludge are not impeded;
ensure that discharges from treatment plants do not adversely affect the environment or prevent receiving waters from complying with other Community Directives;
ensure that sludge can be disposed of safely in an environmentally acceptable manner.
Fifth Schedule
Reference methods for monitoring and evaluation of results
1. Sanitary authorities shall ensure that a monitoring method is applied which corresponds at least with the level of requirements described below. Alternative methods to those mentioned in paragraphs 2, 3 and 4 may be used provided that it can be demonstrated that equivalent results are obtained.
2. Flow-proportional or time-based 24-hour samples shall be collected at the same well-defined point in the outlet and if necessary in the inlet of the treatment plant, in order to monitor compliance with the requirements for discharged waste water specified in these Regulations. Good international laboratory practices aiming at minimising the degradation of samples between collection and analysis shall be applied.
3. The minimum annual number of samples shall be determined according to the size of the treatment plant and be collected at regular intervals during the year:
2,000 to 9,999 p.e.:
12 samples during the first year: four samples in subsequent years, if it can be shown that the water during the first year complies with the provisions of these Regulations; if one sample of the four fails, 12 samples must be taken in the year that follows.
10,000 to 49,999 p.e.:
12 samples
50,000 p.e. or over:
24 samples.
4. The treated waste water shall be assumed to conform to the relevant parameters if, for each relevant parameter considered individually, samples of the water show that it complies with the relevant parametric value in the following way:
(a) for the parameters specified in Part 1 of the Second Schedule, a maximum number of samples which are allowed to fail the requirements, expressed in concentrations and/or percentage reductions in Part 1 of the Second Schedule, is set out in the Table to this Schedule;
(b) for the parameters in Part 1 of the Second Schedule expressed in concentrations, the failing samples taken under normal operating conditions must not deviate from the parametric values by more than 100% but, for the parametric value in concentration relating to total suspended solids, deviations of up to 150% may be accepted;
(c) for those parameters specified in Part 2 of the Second Schedule the annual mean of the samples for each parameter shall conform to the relevant parametric values.
5. Extreme values for the water quality in question shall not be taken into consideration when they are the result of unusual situations such as those due to heavy rain.
Table
Series of samples taken in any year
Maximum permitted number of samples which fail to conform
4 – 7
1
8 – 16
2
17 – 28
3
29 – 40
4
41 – 53
5
54 – 67
6
68 – 81
7
82 – 95
8
96 – 110
9
111 – 125
10
126 – 140
11
141 – 155
12
156 – 171
13
172 – 187
14
188 – 203
15
204 – 219
16
220 – 235
17
236 – 251
18
252 – 268
19
269 – 284
20
285 – 300
21
301 – 317
22
318 – 334
23
335 – 350
24
351 – 365
25
Dated this 14th day of June 2001
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations revoke and generally re-enact in consolidated form the Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) Regulations, 1994, as amended, and prescribed a further 30 water bodies as sensitive areas. The Regulations —
prescribe requirements in relation to the provision of collecting systems and treatment standards and other requirements for urban waste water treatment plants, generally and in sensitive areas
provide for monitoring procedures in relation to treatment plants and make provision for pre-treatment requirements in relation to industrial waste water entering collecting systems and urban waste water treatment plants, and
give effect to provisions of Council Directive 91/271/EEC of 21 May 1991, as amended, concerning urban waste water treatment, and Directive 2000/60/EC of 23 October 2000 – the Water Framework Directive.
(1) O.J. No. L 327/1, 22.12.2000
(2) O.J. No. L 135/40, 30.05.91
(3) O.J. No. L 67/29, 07.03.98
(1) Reduction in relation to the load of the influent.
(2) The parameter can be replaced by another parameter: total organic carbon (TOC) or total oxygen demand (TOD) if a relationship can be established between BOD5 and the substitute parameter
(1) Reduction in relation to the load of the influent.
(2) Total nitrogen means the sum of total Kjeldahl nitrogen (organic and ammoniacal nitrogen), nitrate — nitrogen and nitrite – nitrogen.
(3) These values for concentration are annual means as referred to in paragraph 4 (c) of the Fifth Schedule. However, the requirements for nitrogen may be checked using daily averages when it is proved, in accordance with paragraph 1 of that Schedule, that the same level of protection is obtained. In this case, the daily average must not exceed 20 mg/l of total nitrogen for all the samples when the temperature from the effluent in the biological reactor is superior or equal to 12°C. The conditions concerning temperature could be replaced by a limitation on the time of operation to take account of regional climatic conditions.
(3) These values for concentration are annual means as referred to in paragraph 4 (c) of the Fifth Schedule. However, the requirements for nitrogen may be checked using daily averages when it is proved, in accordance with paragraph 1 of that Schedule, that the same level of protection is obtained. In this case, the daily average must not exceed 20 mg/l of total nitrogen for all the samples when the temperature from the effluent in the biological reactor is superior or equal to 12°C. The conditions concerning temperature could be replaced by a limitation on the time of operation to take account of regional climatic conditions.
S.I. No. 440/2004 –
Urban Waste Water Treatment (Amendment) Regulations, 2004
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by sections 6 and 59 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) and for the purpose of giving further effect to the Directive of the European Parliament and of the Council of 23 October 2000 (No. 2000/60/EC) 1 and to the Council Directive of 21 May 1991 (No. 91/271/EEC)2 as amended by the Commission Directive of 27 February 1998 (No. 98/15/EC)3 , hereby makes the following Regulations:
1. These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations, 2004.
2. The Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) are hereby amended by—
(a) the deletion of sub-article 4(4)(b) thereof;
(b) the deletion of Part 2 of the Second Schedule thereto and the substitution therefor of the following:
“Part 2
Requirements for discharges from urban waste water treatment plants to sensitive areas. One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply.
Parameters
Concentration
Minimum percentage of reduction(1)
Reference method of measurement
Total phosphorus
2 mg/l P (10,000 – 100,000 p.e.)
80
Molecular absorption spectrophotometry
1 mg/l P (more than 100,000 p.e.)
Total nitrogen(2)
15 mg/l N (10,000 – 100,000 p.e.)(3)
70-80
Molecular absorption spectrophotometry
10 mg/l N (more than 100,000 p.e.) (3)
(1) Reduction in relation to the load of the influent.
(2) Total nitrogen means the sum of total Kjeldahl nitrogen (organic and ammoniacal nitrogen), nitrate — nitrogen and nitrite — nitrogen.
(3) These values for concentration are annual means as referred to in paragraph 4 (c) of the Fifth Schedule. However, the requirements for nitrogen may be checked using daily averages when it is proven, in accordance with paragraph 1 of that Schedule, that the same level of protection is obtained. In this case, the daily average must not exceed 20 mg/l of total nitrogen for all the samples when the temperature of the effluent in the biological reactor is superior or equal to 12°C. The conditions concerning temperature can be replaced by a limitation on the time of operation to take account of regional climatic conditions.
and
(c) the insertion into Part 2 of the Third Schedule thereto under the heading “Estuaries” of the following:
“Lee Estuary/Lough Mahon — from the salmon weir (downstream of waterworks intake) to Monkstown (excluding North Channel at Great Island).
Owennacurra Estuary/North Channel — from North Channel (Great Island) upstream of Marloag Point including Owennacurra Estuary upstream to Dungourney river confluence.”.
/images/seal.jpg
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 15th day of July, 2004.
MARTIN CULLEN,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Urban Waste Water Treatment Regulations, 2001 by—
(a) designating two additional areas (in Cork Harbour) as sensitive areas, and
(b) making some minor technical amendments.
The Urban Waste Water Treatment Regulations, 2001 impose requirements in relation to discharges from urban waste water treatment facilities and give effect to Directive No. 91/271/EEC (the Urban Waste Water Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive).
1 O. J. No. L 327/1 22.12.2000
2 O. J. No. L 135/40 30.05.1991
3 O. J. No. L 67/29 07.03.1998
S.I. No. 440/2004 –
Urban Waste Water Treatment (Amendment) Regulations, 2004
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by sections 6 and 59 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) and for the purpose of giving further effect to the Directive of the European Parliament and of the Council of 23 October 2000 (No. 2000/60/EC) 1 and to the Council Directive of 21 May 1991 (No. 91/271/EEC)2 as amended by the Commission Directive of 27 February 1998 (No. 98/15/EC)3 , hereby makes the following Regulations:
1. These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations, 2004.
2. The Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) are hereby amended by—
(a) the deletion of sub-article 4(4)(b) thereof;
(b) the deletion of Part 2 of the Second Schedule thereto and the substitution therefor of the following:
“Part 2
Requirements for discharges from urban waste water treatment plants to sensitive areas. One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply.
Parameters
Concentration
Minimum percentage of reduction(1)
Reference method of measurement
Total phosphorus
2 mg/l P (10,000 – 100,000 p.e.)
80
Molecular absorption spectrophotometry
1 mg/l P (more than 100,000 p.e.)
Total nitrogen(2)
15 mg/l N (10,000 – 100,000 p.e.)(3)
70-80
Molecular absorption spectrophotometry
10 mg/l N (more than 100,000 p.e.) (3)
(1) Reduction in relation to the load of the influent.
(2) Total nitrogen means the sum of total Kjeldahl nitrogen (organic and ammoniacal nitrogen), nitrate — nitrogen and nitrite — nitrogen.
(3) These values for concentration are annual means as referred to in paragraph 4 (c) of the Fifth Schedule. However, the requirements for nitrogen may be checked using daily averages when it is proven, in accordance with paragraph 1 of that Schedule, that the same level of protection is obtained. In this case, the daily average must not exceed 20 mg/l of total nitrogen for all the samples when the temperature of the effluent in the biological reactor is superior or equal to 12°C. The conditions concerning temperature can be replaced by a limitation on the time of operation to take account of regional climatic conditions.
and
(c) the insertion into Part 2 of the Third Schedule thereto under the heading “Estuaries” of the following:
“Lee Estuary/Lough Mahon — from the salmon weir (downstream of waterworks intake) to Monkstown (excluding North Channel at Great Island).
Owennacurra Estuary/North Channel — from North Channel (Great Island) upstream of Marloag Point including Owennacurra Estuary upstream to Dungourney river confluence.”.
/images/seal.jpg
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 15th day of July, 2004.
MARTIN CULLEN,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Urban Waste Water Treatment Regulations, 2001 by—
(a) designating two additional areas (in Cork Harbour) as sensitive areas, and
(b) making some minor technical amendments.
The Urban Waste Water Treatment Regulations, 2001 impose requirements in relation to discharges from urban waste water treatment facilities and give effect to Directive No. 91/271/EEC (the Urban Waste Water Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive).
1 O. J. No. L 327/1 22.12.2000
2 O. J. No. L 135/40 30.05.1991
3 O. J. No. L 67/29 07.03.1998
S.I. No. 48/2010 –
Urban Waste Water Treatment (Amendment) Regulations, 2010.
URBAN WASTE WATER TREATMENT (AMENDMENT) REGULATIONS 2010
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th February, 2010.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 6 and 59 of the Environmental Agency Protection Act, 1992 (No. 7 of 1992), and for the purpose of giving further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 1 and to Council Directive 91/271/EEC of 21 May 1991 2 as amended by Commission Directive 98/15/EC of 27 February 1998 3 , hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations, 2010.
Definitions
2. In these Regulations—
“the 2001 Regulations” means the Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) as amended;
“the 2004 Regulations” means the Urban Waste Water Treatment (Amendment) Regulations, 2004 ( S.I. No. 440 of 2004 );
“the Directive” means Council Directive 91/271/EEC of the European Council of 21 May 1991 concerning urban waste water treatment 4 ;
“river basin district” has the same meaning as in the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ).
“water services authority’’ has the same meaning as in the Water Services Act 2007 (No. 30 of 2007)
General Amendment of the 2001 Regulations
3. The 2001 Regulations are hereby amended by the deletion of the word “sanitary” in Regulations 3, 4, 7, 8, 9, 10 and in the Fifth Schedule and the substitution therefore of the words “water services”.
Amendment of Third Schedule of the 2001 Regulations
4. The Third Schedule of the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) is hereby replaced by Schedule 1 of these Regulations.
5. For the purposes of Article 5 of the Directive, Part 3 of Schedule 1 of these Regulations shall be identified as sensitive areas from the date of enactment of these Regulations.
Amendment of Regulation 2 of the 2004 Regulations
6. The 2004 Regulations are hereby amended by the deletion of Regulation 2 paragraph (c) thereof.
Amendment of Regulation 4 of the 2001 Regulations
7. Regulation 4 of the 2001 Regulations is hereby amended by the deletion of paragraph (2)(b)(ii) and by the insertion of the following after paragraph (2)(b)(i):
“(ii) by 31 May 2008 in the case of a sensitive area specified in Part 2 of the Third Schedule and
(iii) by 22 December 2012 in the case of the River Fergus as specified in Part 3 of the Third Schedule, and
(iv) by 22 December 2016 in the case of Clonakilty Harbour and the Boyne Estuary as specified in Part 3 of the Third Schedule.”.
8. Regulation 4(3) is hereby amended by the insertion of the following after the word “Schedule.”:
“The Environmental Protection Agency shall determine which parameter or parameters, depending on the local situation, shall apply for the purpose of Part 2 of the Second Schedule and shall take this into account when authorising a waste water discharge for the purpose of the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ).”.
SCHEDULE 1 Sensitive Areas
Part 1
Rivers
Eastern River Basin District
River Boyne, County Meath — 6.5 km section downstream of sewage treatment works outfall at Blackcastle, Navan, County Meath. ( Map 1 insert A, of Part 4 to this schedule)
River Liffey — downstream of Osberstown sewage treatment works to Leixlip reservoir, County Kildare. ( Map 1 , insert D, of Part 4 to this schedule)
Shannon International River Basin District
River Camlin, County Longford — from sewage treatment works at Longford to entry into the River Shannon. ( Map 2 , insert H of Part 4 to this schedule,)
River Nenagh, County Tipperary — downstream of sewage treatment works outfall in Nenagh to entry into Lough Derg. ( Map 2 , insert E, of Part 4 to this schedule)
River Tullamore, County Offaly — 0.5 km section downstream of sewage treatment works outfall in Tullamore. ( Map 2 , insert F, of Part 4 to this schedule)
Western River Basin District
River Castlebar, County Mayo — downstream of sewage treatment works at Knockthomas to entry into Lough Cullin ( Map 3 , insert A, of Part 4 to this schedule)
Lakes
Shannon International River Basin District
Lough Derg and Lough Ree on the River Shannon. ( Map 2 , inserts E and H, of Part 4 to this schedule)
South Western River Basin District
Lough Leane, County Kerry. ( Map 4 , insert E, of Part 4 to this schedule)
North Western International River Basin District
Lough Oughter, County Cavan. ( Map 5 , insert B, of Part 4 to this schedule)
Part 2
Rivers
Shannon International River Basin District
River Brosna — downstream of Mullingar sewage outfall (opposite intersection of regional road (R400) with N52 south of Mullingar), to Lough Ennell. ( Map 2 , insert G, of Part 4 to this schedule)
River Hind — downstream of Roscommon Town sewage outfall, to Lough Ree. ( Map 2 , insert H, of Part 4 to this schedule)
Little Brosna River — downstream of Roscrea sewage outfall below its confluence with the Bunow River, to the bridge near Brosna House ( Map 2 , insert D, of Part 4 to this schedule)
South Western River Basin District
River Blackwater (Munster) — downstream of Mallow railway bridge, to Ballyduff Bridge ( Map 4 , insert A of Part 4 to this schedule,)
North Western International River Basin District
River Cavan — from the bridge at Lisdarn downstream of Cavan Town to the Annalee River confluence. ( Map 5 , insert C, of Part 4 to this schedule)
South Eastern River Basin District
River Barrow — downstream of Portarlington sewage outfall, to Graiguenamanagh Bridge. ( Map 6 , insert B, of Part 4 to this schedule)
River Triogue — downstream of Portlaoise sewage outfall, to confluence with the River Barrow. ( Map 6 , insert A, of Part 4 to this schedule)
River Nore — downstream of Kilkenny sewage outfall, to Inistioge Bridge. ( Map 6 , insert E, of Part 4 to this schedule)
River Suir — downstream of Thurles sewage outfall, to Twoford Bridge. ( Map 6 , insert D, of Part 4 to this schedule)
River Suir — downstream of Clonmel sewage outfall, to Coolnamuck Weir. ( Map 6 , insert G, of Part 4 to this schedule)
Neagh Bann International River Basin District
River Blackwater (Monaghan) — from the confluence of the River Shambles to Newmills Bridge. ( Map 7 , insert A, of Part 4 to this schedule)
River Proules — downstream of Carrickmacross sewage outfall, to confluence with the River Glyde. ( Map 7 , insert C, of Part 4 to this schedule)
Lakes
Shannon International River Basin District
Lough Ennell, County Westmeath. ( Map 2 , insert G, of Part 4 to this schedule)
Neagh Bann International River Basin District
Lough Muckno, County Monaghan. ( Map 7 , insert B, of Part 4 to this schedule)
Lough Monalty, County Monaghan. ( Map 7 , insert C, of Part 4 to this schedule)
Estuaries and Bays
Eastern River Basin District
Broadmeadow Estuary (Inner) — from the bridge west of Lissenhall (Broadmeadow River) to the railway viaduct. ( Map 1 , insert G, of Part 4 to this schedule)
Liffey Estuary — from Islandbridge weir to Poolbeg Lighthouse, including the River Tolka basin and South Bull Lagoon. ( Map 1 , insert F, of Part 4 to this schedule)
South Eastern River Basin District
Slaney Estuary (Upper) — from Enniscorthy railway bridge to Macmine. ( Map 6 , insert C, of Part 4 to this schedule)
Slaney Estuary (Lower) — from Macmine to Drinagh / Big Island ( Map 6 , insert C, of Part 4 to this schedule)
Barrow Estuary — from the weir at Bahana Wood to New Ross Bridge. ( Map 6 , insert F, of Part 4 to this schedule)
Suir Estuary (Upper) — from Coolnamuck Weir to Newtown. ( Map 6 , insert G, of Part 4 to this schedule)
South Western River Basin District
Bandon Estuary Upper — from Inishannon Bridge to 1 km downstream of Knockroe. ( Map 4 , insert C, of Part 4 to this schedule)
Bandon Estuary Lower — from 1 km downstream of Knockroe to Money Point. (SWRBD Map 4 , insert C, of Part 4 to this schedule)
Blackwater Estuary Upper — from Bullsod Island (1 km downstream Lismore Bridge) to Dromana Ferry. ( Map 4 , insert A, of Part 4 to this schedule)
Blackwater Estuary Lower — downstream of Dromana Ferry, to near East Point, Youghal Harbour. ( Map 4 , insert A, of Part 4 to this schedule)
Lee Estuary / Lough Mahon — from the salmon weir (downstream of waterworks intake) to Monkstown (excluding North Channel and Great Island) ( Map 4 , insert B, of Part 4 to this schedule)
Owennacurra Estuary / North Channel — from North Channel (Great Island) upstream of Marloag Point including Owennacurra Estuary upstream to Dungourney river confluence. ( Map 4 , insert B, of Part 4 to this schedule)
Shannon International River Basin District
Lee Estuary Upper (Tralee) — from Ballymullin Bridge to 1.2 km from the seaward end of Tralee Ship Canal / Annagh Island. ( Map 2 , insert A, of Part 4 to this schedule)
Feale Estuary Upper — downstream of Finuge Bridge, to Poulnahaha Old Railway Bridge. ( Map 2 , insert B, of Part 4 to this schedule)
Cashen / Feale Estuary — downstream of Poulnahaha Old Railway Bridge, to Moneycashen. ( Map 2 , insert B, of Part 4 to this schedule)
North Western International River Basin District
Killybegs Harbour — Killybegs Harbour inside Kanes Rock / Carntullagh Head. ( Map 5 , insert A, of Part 4 to this schedule)
Neagh Bann International River Basin District
Castletown Estuary — from the weir 130 m downstream St. Johns Bridge (Castletown River) to Giles Quay / Lurgangreen. ( Map 7 , insert D, of Part 4 to this schedule)
Part 3
Rivers
Eastern River Basin District
River Boyne — from the point 6.5 km downstream of the sewage works outfall at Blackcastle, Navan to Marry’s Weir upstream of Grove Island. ( Map 1 , insert B, of Part 4 to this schedule.)
River Liffey — from the Leixlip reservoir, County Kildare, to Islandbridge Weir. ( Map 1 , insert E, of Part 4 to this schedule.)
South Eastern River Basin District
River Barrow — from its confluence with the River Triogue to the point downstream of Portarlington sewage treatment outfall. ( Map 6 , insert A, of Part 4 to this schedule.)
Shannon International River Basin District
River Shannon (Upper) — from its confluence with the Camlin River to Lough Ree and from its outflow at Lough Ree to Clonmacnoise. ( Map 2 , insert H, of Part 4 to this schedule.)
River Fergus — from the sewage outfall at Clonroadmore, Ennis, County Clare, to the freshwater limit of the Fergus Estuary. ( Map 2 , insert C, of Part 4 to this schedule.)
River Brosna — from its outfall at Lough Ennell, County Westmeath, to its confluence with the River Shannon. ( Map 2 , insert G, of Part 4 to this schedule.)
Tullamore River — from the point 0.5 km downstream of the sewage treatment works outfall Tullamore to its confluence with the River Clodiagh (Tullamore). ( Map 2 , insert F, of Part 4 to this schedule.)
Estuaries and Bays
Eastern River Basin District
Boyne Estuary — from Marry’s Weir upstream of Grove Island to Boyne Bar. ( Map 1 , insert C, of Part 4 to this schedule.)
South Western River Basin District
Clonakilty Harbour — from Clonakilty to Ring Harbour / Inchydoney Island. ( Map 4 , insert D, of Part 4 to this schedule.)
South Eastern River Basin District
Wexford Harbour — from Drinagh / Big Island to Rosslare Point / Raven Point. ( Map 6 , insert C, of Part 4 to this schedule.)
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GIVEN under my Official Seal,
11 February 2010.
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
Eastern River Basin District
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Shannon International River Basin District
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Western River Basin District
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South Western River Basin District
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North Western International River Basin District
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South Eastern River Basin District
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Neagh Bann International River Basin District
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EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations amend the Urban Waste Water Treatment Regulations, 2001 by—
(a) designating ten additional areas (in River Boyne, River Liffey, River Barrow, River Shannon, River Fergus, River Brosna, Tullamore River, Boyne Estuary, Clonakilty Harbour and Wexford Harbour) as sensitive areas, and
(b) making some minor technical amendments.
The Urban Waste Water Treatment Regulations, 2001 (as amended) impose requirements in relation to discharges from urban waste water treatment facilities and give effect to Directive No. 91/271/EEC (the Urban Waste Water Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive).
1 O.J. No. L327/1, 22.12.2000
2 O.J. No. L135/40, 30.05.91
3 O.J. No. L67/29, 07.03.98
4 O.J. No. L135/40, 30.05.91