Water Pollution
The Department of the Environment is responsible for the conservation of water resources under the Water Act NI 1972 and for protecting water standards both inland and coastal waters. The Department must consider the needs of industry, agriculture, protection of fisheries, public health, preservation of immunity, and conservation of flora and fauna.
The Department may prepare a water management program for any area. The environmental service, advised by the water council, exercises these functions at the Department under the legislation.
General common law principles apply to the protection of waters and control of pollution. The common law’s negligence, nuisance, and strict liability for the consequences of escapes of dangerous materials apply.
The 1972 order was amended and replaced in 1999 (still the current legislation).
The regulation of the discharge of trade and sewage effluent is controlled by discharge licences. The statutory water quality standards are transferred.
The discharge consent system applies to emissions at a particular point. General environmental legislation deals with diffuse pollution.
The Fisheries Conservancy Board and Foyle Fisheries Commission are responsible for fisheries legislation, including the protection of salmon and inland fishery water. It is an offence to pollute water both under the Water Order and Fisheries NI Act 1966.
It is an offence, knowingly or otherwise, to discharge or deposit poisonous, noxious, or polluting matter into a waterway or any underground strata. It is also an offence, knowingly or otherwise, to discharge any matter in a way that it enters a water or waterway or underground strata either directly or in combination with similar acts so as to be likely to lead to pollution or a substantial aggravation of pollution due to other causes or consequences.
It is a defence to personally exercise all reasonable care to prevent the discharge or the deposit of the matter. A discharge in accordance with the discharge consent does not constitute an offence.
The offences may be prosecuted similarly or by indictment with a prison sentence. In making a conviction, the court may make an order ordering remediation or nullification of the breach.
Trade or sewage effluent must not be discharged normally, and no noxious or polluting matter should be discharged into a waterway or underground strata without a discharge consent. This consent is separate from the consent for discharges into the source.
The consent may be issued subject to such conditions that may be imposed at these conditions by any person using the land to which the premises relate. The consent lasts three years; they may be reviewed more regularly.
The obligation for consent is made to the Department of the Environment, notice is given to the Fisheries Conservancy Board or the Foyle Fisheries Commission, who may appeal the matter to the Water Appeals Commissioner for Northern Ireland within 28 days. The decision on the application must be made within three months. The discharge condition may be granted subject to such conditions as are appropriate.
In considering the application, steps required to prevent pollution, disposal of pollution, and protection of fisheries must be considered. The discharge must be sustained by the receiving water without breaching any new standards. The urban wastewater treatment regulation.
A registry of consents and conditions is maintained; a new licence is required every three years. It is an offence to make a discharge in breach of the conditions of a discharge consent. The Department of Environment has a range of administrative and other powers to police the act.
Applications for discharge consents must be advertised.
New legislation (1997) requires a registry of consent. Proposed greater public information regarding reviews and requirements for the review to be advertised for the proposed works.
The Department has powers to give a notice prohibiting depositing or discharging of matters into waterway or underground strata specified in the notice. Breach of the notice is a consent. The notice may be appealed to the Water Appeals Commissioner.
The Department considers only poisonous or noxious or polluting matter may enter a waterway or underground strata as a result of an accident or unforeseen event, it may carry out operations as it considers necessary for removing the risk and remedying or mitigating the pollution. The expense incurred maybe recoverable from material used and ultimately by the person in default.
For a breach of legislation is likely to occur or continue, the Department may serve a notice prohibiting use or subjecting it to condition. Notices may be served to the owner or person using the land. It may be appealed it in four weeks to the Water Appeals Commission. It may require the removal of matter complained of.
The Department may undertake the works and recover the costs from the person involved, the 1998, 1999 order proposes to extend the prohibition to circumstances where the pollutant has not yet occurred recommends powers for the Department to lay down standards for silos, slurry tanks, oil storage, and agriculture and industry.
The power of the Department may direct persons abstracting water to supply such information as the Department requires in relation to it. The direction may be appealed.
The Department may enter land vehicles at a reasonable time for the purpose of performing its functions. The Court may by warrant authorise a person to enter land or vehicle by force if necessary where there are reasonable grounds for making the entry. This may occur in the origin case of where an unauthorised person has been refused admission to land.
It is an offence to wilfully obstruct an authorised person exercising powers. The Department may pay compensation if damage is caused.
An authorised person may take samples and remove them. It may, after consultation with the occupier, fix sample points, and keep the register of sampling points.
Article 20 of the Water and Sewerage Services NI Act Order 1973 provides for a discharge of trade effluent into source or the sewerage system. It is an offence for an occupier of a business premises to make a discharge without the consent or in violation of the conditions imposed by the consent. There are different requirements for new and existing (pre-19730 discharges.
The application for the discharge consent is initiated by serving a trade effluent notice on the Department. This sets out the nature of the effluent quantities and flow rates. If the applicant is not the owner, he must serve the owner who may make a submission.
The Department is obliged to make its decision within three months. It may grant this application, grant conditional consent or refuse consent. The decision continues to have effect irrespective of ownership or change in occupancy. An appeal may be made to the appeals commissioner.
The Department may review the decision made at intervals of two years. It may review it at any time if requested by the person making the application for consent. When the Department decides to review a decision, the owner and occupier must be notified, given reasons for the review, and given the opportunity to make representations.
1993 Amendment entitles the Department to require the owner or occupier of a new discharge to provide such information concerning the discharge as would be required in a trade effluent notice. The criteria for discharge are based on the ability of the treatment to treat and handle the trade effluent.
Under the 1997 position, existing discharges should not need a discharge consent. However, the Department has powers to require the owner or occupier to furnish information in relation to the discharge. Existing discharges may be reviewed and may be directed to be subject to conditions. The review may be undertaken every two years. The discharge may appeal to the Water Appeals Commission.
The DOE (Department of Environment) and the owner or occupier may enter agreements regarding the disposal of trade effluent. These agreements are an alternative to a trade effluence discharge consent.
It is an offence to permit water belonging to the water authority to be polluted. It is an offence to permit any substance which either alone or in combination with other substances may prejudice or affect health. Authorised officers of the water executive have extensive powers to enforce the Water and Sewerage Services Order 1973.