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Licensing of trade and sewage effluents.
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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.
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(b) A licence under this section may be granted—
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(i) in the case of a discharge to waters in the functional area of a local authority, by that local authority, and
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(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.
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(2) Subsection (1) does not apply to discharges—
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(a) to tidal waters from vessels or marine structures,
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(b) from a sewer, or
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(c) the subject of regulations under subsection (10).
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(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.
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(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.
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(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.
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(5) Without prejudice to the generality of subsection (3), 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, 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;
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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 local authority;
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(iv) the prevention of a discharge in the event of breakdown in plant;
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(b) require defrayment of or contribution towards the cost incurred by the local authority in monitoring a discharge,
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(c) specify a date not later than which any conditions shall be complied with, and
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(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).
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(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.
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(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.
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(8) A person who contravenes subsection (1) 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 local authority, a board of conservators, the Minister for Fisheries or any other person.
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(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.
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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 discharge, or cause or permit the discharge of, trade effluent or sewage effluent to waters.
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