Local Government (Water Pollution) Act, 1977

Local authority's power to require measures to be taken to prevent water pollution.

12.—(1) Where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, it may serve a notice in writing under this section on any person having the custody or control of any polluting matter on premises in its functional area.

(2) A notice under this section shall—

(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent such matter from entering waters,

(b) direct the person on whom the notice is served to take such measures as are specified in the notice, and

(c) specify a period within which such measures are to be taken.

(3) A person on whom a notice under this section is served may make representations to the local authority concerned regarding the terms of the notice within such period as may be specified in the notice and the authority, after consideration of any such representations, may amend the notice.

(4) Where a notice under this section is not complied with in the period specified in the notice, the person on whom it was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250, together with, in the case of a continuing offence, a further fine not exceeding £100 for every day on which the offence is continued.

(5) Where a person does not comply with a notice under this section within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent polluting matter in relation to which the notice is served from entering waters, 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.

(6) A prosecution for an offence under this section may be taken by a local authority.