Local Government (Water Pollution) (Amendment) Act, 1990

Information to local authorities and sanitary authorities.

17.—The following section shall be substituted for section 23 of the Principal Act:

“23.—(1) A local authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person who—

(a) is abstracting water from any waters in the functional area of the authority,

(b) is discharging, or causing or permitting the discharge of, trade effluent or sewage effluent or other matter to any such waters,

(c) has custody or control of any polluting matter in its functional area,

(d) is engaged in activities or practices that, in the opinion of the local authority, may cause or permit polluting matter to enter waters,

require the person to give to the local authority in writing, within such period (being not less than 14 days) beginning on the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to any of the activities or practices aforesaid (including the custody or control of polluting matter) and such other information (if any) as it may consider necessary for the purposes of those functions.

(2) A sanitary authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person, require the person who is making, causing or permitting a discharge to a sewer to give to the sanitary authority in writing, within such period (being not less than 14 days) beginning with the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to the discharge and such other information (if any) as it may consider necessary for the purposes of those functions.

(3) Without prejudice to the generality of subsections (1) and (2), a notice under either of those subsections relating to trade effluent, sewage effluent or other polluting matter may require the person to or on whom it is given or served to give to the local authority or, as the case may be, the sanitary authority, concerned—

(a) maps, plans, drawings or photographs showing the location, nature, extent and condition of—

(i) any facilities for the collection, storage, treatment or disposal of the effluent or other polluting matter,

(ii) any other premises from which polluting matter may enter waters, or

(iii) any sewer,

and showing their relationship to any waters, and

(b) such other particulars as may be specified in the notice of the matters aforesaid, including particulars of the arrangements, systems and methods in use or proposed for the disposal of the effluent or other polluting matter, and of the times and rates at which such disposal is effected.

(4) A person who—

(a) fails or refuses to comply with a requirement in a notice under this section, or

(b) in purported compliance with such a requirement gives to a local authority or sanitary authority information that, to his knowledge, is false or is misleading in a material respect,

shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or both.”.