| Statutory Instruments 1999 No. 662 (N.I. 6) The Water (Northern Ireland) Order 1999 - continued |
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Discharge of effluent into waterway or underground stratum
(b) of any poisonous, noxious or polluting matter not falling within sub-paragraph (a).
(2) This Article shall not apply to any discharge which is made from a vessel.
(b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both.
(5) A sewerage undertaker shall not be guilty of an offence under this Article by reason only of the fact that a discharge from a public sewer or public sewage treatment works operated by him contravenes conditions of a discharge consent if -
(b) the sewerage undertaker -
(ii) could not reasonably have been expected to prevent the discharge into the sewer or works; and (iii) made all reasonable efforts to dispose of the discharge in accordance with the terms of the operating agreement and of the discharge consent.
(6) In paragraph (5) "operating agreement", in relation to a sewer or sewage treatment works of a sewerage undertaker, means the agreement under Article 13(4) of the Water and Sewerage Services (Northern Ireland) Order 1973, by virtue of which he operates that sewer or sewage treatment works.
(b) section 47 of the Fisheries Act (Northern Ireland) 1966 or any byelaws under section 26 of that Act; (c) Article 23 of the Industrial Pollution Control (Northern Ireland) Order 1997; or (d) Article 7(1).
(2) A person shall not be guilty of an offence under Article 7(1) or 9 in respect of the discharge or deposit of any matter if the discharge or deposit is made under and in accordance with, or as a result of any act or omission under and in accordance with -
(b) an authorisation granted under the Industrial Pollution Control (Northern Ireland) Order 1997; (c) a waste management licence granted under the Waste and Contaminated Land (Northern Ireland) Order 1997.
(3) A person shall not be guilty of an offence under Article 7(1) or 9 if he discharges any matter into a road drain within the meaning of Article 45 of the Roads (Northern Ireland) Order 1993, or a drain constructed and laid by the Department under Article 45(1)(b) of that Order, so that it enters a waterway or water contained in underground strata, if the Department has given its consent to the discharge unconditionally, or has given its consent to the discharge subject to conditions and the person observes the conditions.
(b) the Department gives a discharge consent otherwise than in a case where an application for such a consent was made under paragraph 1 of Schedule 1; or (c) a discharge consent is for the time being in force,
the Department may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this Article.
(b) in the case of a charge by virtue of paragraph (1)(b), any person who is authorised to do anything by virtue of the consent and on whom the instrument giving the consent is served; and (c) in the case of a charge by virtue of paragraph (1)(c), any person who makes a discharge in pursuance of the consent at any time during the period to which, in accordance with the scheme, the charge relates.
(3) Provision made by a scheme for the purposes of paragraph (1)(c) may impose a single charge in respect of the whole period for which the consent is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.
(b) contain supplemental, consequential and transitional provision for the purposes of the scheme.
(5) The Department, in framing a scheme under this Article, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the expenditure incurred by the Department in exercising its functions under this Part in relation to discharge consents.
(b) consider any representations which are duly made and not withdrawn;
and, if the Department decides, after considering any such representations to make a scheme under this Article, the Department may do so either in accordance with the proposals contained in the notice or in accordance with those proposals as modified in such manner as the Department considers appropriate.
(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be; (c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and (d) specify the period within which those steps must be taken.
(3) Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable -
(b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both.
(4) If the Department is of the opinion that proceedings for an offence under paragraph (3) would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Department may take proceedings in the High Court for the purpose of securing compliance with the notice.
(b) in giving a discharge consent, has given that consent either unconditionally or subject to conditions; (c) has revoked a discharge consent; (d) has modified the conditions of a discharge consent or provided that any such consent which was unconditional shall be subject to conditions; (e) has, for the purposes of paragraph 6(1) or (2) of Schedule 1, specified a period in relation to a discharge consent without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent; (f) has refused a person a variation of a discharge consent; (g) in allowing a variation of a discharge consent, has made the consent subject to conditions; or (h) has served an enforcement notice on any person,
the person, if any, who applied for the consent or variation in question, or any person whose discharges are or would be authorised by the consent, or the person on whom the enforcement notice was served, may appeal to the Appeals Commission against the decision within 28 days from -
(ii) in the case of a consent deemed to have been refused under paragraph 2(2) of Schedule 1, the first day on which the applicant may treat the consent applied for as having been refused; (iii) in any other case, the day on which notice of the decision was given to that person.
(2) In paragraph (1)(iii) "notice of the decision", in relation to a discharge consent given without an application for such a consent having been made, includes an instrument in writing served in accordance with paragraph 4(1) of Schedule 1.
(b) to modify the conditions of any such consent, or (c) to provide that any such consent which was unconditional shall be subject to conditions,
the revocation, modification or provision shall not take effect pending the final determination or the withdrawal of the appeal.
(b) harm to human health,
that that paragraph should not apply.
(b) the holder or former holder of the consent shall be entitled to recover compensation from the Department in respect of any loss suffered by him in consequence of the exclusion of the application of that paragraph;
and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by the Lands Tribunal.
(b) for prohibiting or restricting the keeping or use on waterways of vessels provided with sanitary appliances from which polluting matter passes or can pass into the waterway; (c) for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any waterway or water contained in any underground strata; (d) for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.
(2) Without prejudice to the generality of the power conferred by paragraph (1), regulations under that paragraph may -
(ii) by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;
(b) provide for appeals to the Appeals Commission against notices served by the Department in pursuance of provision made by virtue of sub-paragraph (a); and
Pollution emergencies
(b) shall, subject to paragraph (3), continue in force until revoked by the Department or the Department gives its consent for the purposes of Article 9 to the discharge in pursuance of an application in that behalf made by the person to whom the notice is given.
(3) A person to whom a notice under paragraph (1) is given may, within 28 days from the date of the service of the notice, appeal to the Appeals Commission.
(b) the person to whom the notice was given has complied with the notice,
the Department shall pay to that person an amount equal to the loss suffered, or expenditure incurred, by that person in complying with the notice.
(b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both.
Anti-pollution works and operations
(b) in a case where the matter appears to be or to have been present in the relevant waters, for the purpose -
(ii) of remedying or mitigating any pollution caused by its presence in the waters; (iii) of restoring the waters (including the fauna and flora in them), so far as it is reasonably practicable to do so, to the state in which they were immediately before the matter became present in the waters; or (iv) of assessing the effect, or likely effect, on the waters of existing or potential levels of pollution of the waters,
and, in either case, the Department shall be entitled to carry out investigations for the purpose of establishing the source of the matter and the identity of the person who has caused or permitted, whether knowingly or otherwise, the matter to be present in relevant waters or at a place from which it was likely, in the opinion of the Department, to enter relevant waters.
(2) Without prejudice to the power of the Department to carry out investigations under paragraph (1), the power conferred by that paragraph to carry out works and operations shall only be exercisable in a case where -
(b) it appears to the Department, after reasonable inquiry, that no person can be found on whom to serve a works notice under Article 17.
(3) Nothing in paragraph (1) shall entitle the Department to impede or prevent the making of any discharge in pursuance of a discharge consent. |
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