Water Enforcement

It is an offence knowingly or otherwise to discharge, deposit, any poisonous, noxious or polluting matter so that it enters a waterway or anything contained in an underground stratum; or to discharge or deposit any matter so that it enters a waterway or water contained in an underground stratum and tends either directly or in combination with similar acts of that person or another to impede the proper flow of water of the waterway or strata, in a manner leading to pollution or a substantial aggravation of pollution due to other causes or of its consequences.

It is an offence to discharge, trade, or sewage effluent into a waterway or water contained in an underground strata; or from land through a pipe into the sea outside the seaward limits of any waterway. On conviction of an offence, the person charged may be ordered to take such measures as are necessary to remediate the contravention.

A person is not guilty of an offence in respect of discharge or deposit of effluent if the discharge is made in an emergency to avoid danger to life or health. The person must take such steps as are reasonably practicable in the circumstances for minimising the discharge and furnish particulars of the discharge or deposit to the Department as soon as possible, reasonably practicable after it occurs.

It is a defence to an unlawful discharge if the person issued it in accordance with a departmental consent, a disposal licence Pollution Control and Local Government (Northern Ireland) Act; a licence under Food and Environmental Protection Act; authorisation under the Industrial Pollution Control (Northern Ireland) Order 1997; waste management licence; a permit under Environmental (Northern Ireland) Order 2002; or other statutory consent.

A person is not guilty in respect of discharge in the sewer or waste water treatment works vested in a sewerage undertaker if the undertaker was bound to receive the discharge. A sewer undertaker is not guilty of an offence by reason of a discharge of a sewer or works vested in the undertaker or contravention of the terms of a consent if the contravention is attributable to a discharge which another person made into the sewer, and if the undertaker was either not bound to receive the discharge or was bound to receive it subject to conditions which were not observed, and the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

Where it appears to the Department that a contravention is likely to occur by reason of the use or proposed use of a waterway or of any land for the disposal of any matter; by reason of any use, proposed use of land or storage of any matter; or by reason of any use or proposed use of a vessel or vehicle from which poisonous, polluting matter may enter a waterway. The Department may serve a notice on the person concerned prohibiting the use complained of, permitting it only subject to conditions or requiring it to be stopped.

Notices may require removal from waterways, land, vessels of any matter which, before the service of the notice, had been dealt with in the way complained of by the notice. It is an offence to contravene the notice or a requirement imposed by it. There is a provision for an appeal against the notice.

The Department may do what is required under the notice and charge the expense thereof to the parties liable. Breach of notice is subject to conviction on indictment of a fine and up to two years’ imprisonment or on summary conviction imprisonment of up to three months or a fine not exceeding the statutory maximum.

If the Department is of the opinion that the holder of a discharge consent (any of the above licences) is contravening a condition, it may serve an enforcement notice. The enforcement notice shall specify the contravention and steps to be taken to remedy it.

Failure to comply with a contravention notice is subject to the same penalties as above. The Department may, if it considers that criminal proceedings will be ineffectual, apply for an injunction in the High Court.

There is provision for appeals in respect of consent. This applies to applications, revocations, discharge of conditions, refusal to variation, and enforcement notices.

The appeal is sought to an Appeals Commission. In some cases, the appeal will suspend enforcement action. This is not so where the Department gives an opinion that it is necessary for the purpose of preventing or minimising the entry of poisonous, noxious, or polluting matter into a waterway or harm to human health.

The Department may make regulations in relation to control of pollution. This may prohibit or restrict washing or cleaning in waterways of things or classes of things; putting into waterways of litter or other objectionable matter, whether poisonous, noxious, or polluting; prohibiting or restricting the use on waterway of the vessels provided with sanitary appliances from which pollutants may pass; prohibit a person from having custody of any poisonous, noxious, or polluting matter unless prescribed works or prescribed precautions and other steps have been taken out, requiring a person who is in custody of, or controls that makes use of any matter to carry out such works for that purpose as may be prescribed.

Where the Department is satisfied that it is necessary in the public interest to do so, it may give a person a notice prohibiting from depositing or discharging any matter or class or description of thing onto any land or into a waterway or underground stratum. This shall have effect notwithstanding the existence of a discharge consent. A person may appeal to the Appeals Commissioner. Breach of the notice is an offence.

Where it appears to the Department that any poisonous, noxious, or polluting matter is likely to enter or be present in any waterway or underground strata, it may carry out such works as it considers necessary for the purpose of preventing it from doing so; or where it is present from removing, disposing the matter; remedy or mitigating the pollution and restoring the waterway. 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 it.

Expenses and costs incurred by the Department may be recovered from persons in default.

Where it appears to the Department that any poisonous, noxious, or polluting matter is likely to enter or be present in any waterway or underground strata of water, it may serve a notice on any person who caused, permitted, or whether knowingly or otherwise, the matter to be present, requiring work.

The notice may require works that are likely to prevent the matter from entering the land or, in the case of pollution in the waterway, removing or disposing of the matter; remedying or mitigating the pollution caused and, in so far as practicable, restoring the waters, including fauna and flora dependent on the aquatic environment, to their state immediately before the matter became present in the waters.

The work notice must specify the periods during which works are to be done. The Department retains the power to enter the land and do the works and charge the expense.

A person on whom the works notice is served may, within 21 days beginning on the day on which the notice is served, appeal against the notice to the Appeals Commissioner.

A works notice requires a person to carry out works or operations in relation to land or water notwithstanding that they are not entitled to carry out those works. Any person whose consent is required shall grant or join in granting such rights in relation to the land as will enable the person to carry out the works. Before serving a works notice, the Department is to take reasonable endeavours to consult every person who appears to be an owner or occupier of the land, or might be required to grant, or join in granting rights.

A person who grants, or joins in granting rights shall be entitled, on making an application to be paid by the person on whom the notice is served, compensation of such an amount as may be determined.

It is an offence not to comply with a works notice. It is subject to the above punishment, summarily or on indictment.