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Licensing of discharges to sewers.
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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.
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(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.
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(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.
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(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.
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(4) Without prejudice to the generality of subsection (2), conditions attached to a licence under this section may—
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(a) relate to—
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(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;
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(ii) the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers;
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(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority;
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(b) require defrayment of or contribution towards (by the payment of a capital sum or an annual charge or both) the cost incurred by the sanitary authority in monitoring, treating or disposing of a discharge, and
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(c) specify a date not later than which any conditions shall be complied with.
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(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.
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(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.
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(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.
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(8) A person who contravenes subsection (1) or (7) shall be guilty of an offence and shall be liable—
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(a) on summary conviction, to a fine not exceeding £250 (together with, in the case of a continuing offence, a fine not exceeding £100 for every day on which the contravention is continued) or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine or fines and such imprisonment, or
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(b) on conviction on indictment, to a fine not exceeding £5,000 (together with, in the case of a continuing offence, a fine not exceeding £500 for every day on which the contravention is continued) or to imprisonment for a term not exceeding two years or, at the discretion of the court, to both such fine or fines and such imprisonment.
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(9) A prosecution for an offence under this section may be taken by a sanitary authority.
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(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.
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(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.
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(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.
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(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.
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(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.
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(15) A notice may be served under subsection (13) whether or not there has been a prosecution under this section.
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