Environmental Protection Agency Act, 1992

Monitoring in relation to sanitary authorities' effluents.

61.—(1) (a) A sanitary authority in which is vested or which has control over, or the use of, any plant, sewer or drainage pipe from which effluent is discharged to waters and in respect of which standards or other requirements have been prescribed or an authorisation issued under section 59 , or criteria and procedures have been specified under section 60 , shall carry out, cause to be carried out, or arrange for, such monitoring of the effluent or of the waters concerned or in connection with the management or operation of the plant, sewer or drainage pipe—

(i) as may be necessary or prescribed under section 59 (2) (e) to assess compliance with standards or other requirements prescribed, or authorisation issued, under section 59 , or

(ii) as the Agency shall direct in relation to criteria and procedures specified under section 60 , and shall transmit the results of such monitoring to the Agency in such manner and at such times as the Agency shall direct.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(2) Where the Agency—

(a) is of the opinion that the monitoring being carried out in accordance with the provisions of subsection (1) (a) (i) is inadequate for the purposes of assessing compliance with standards or other requirements prescribed, or authorisation issued, under section 59 , or

(b) is not satisfied with the response of a sanitary authority to a direction under subsection (1) (a) (ii),

it shall consult with the sanitary authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the sanitary authority as a simple contract debt in any court of competent jurisdiction.

(3) The Agency shall, from time to time, or at such intervals not exceeding two years and in such manner as may be prescribed for the purposes of monitoring compliance with specified standards or other requirements prescribed or authorisations issued under section 59 , prepare and publish reports on the quality of effluents being discharged from plant, sewers or drainage pipes vested in, or controlled or used by, sanitary authorities and shall include in such reports such recommendations as it considers appropriate.