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

Power of local authority to prevent and abate pollution.

10.—The following section shall be substituted for section 13 of the Principal Act:

“13.—(1) Where it appears to a local authority or a sanitary authority that for the purpose of—

(a) preventing the entry of polluting matter to any waters or to any drain or sewer provided solely for the reception or disposal of storm water in its functional area,

(b) removing polluting matter from any such waters, drain or sewer,

(c) preventing polluting matter in waters outside its functional area from affecting such area or any seashore (within the meaning of the Foreshore Act, 1933 ) adjoining such area, or

(d) mitigating or remedying in relation to its functional area or any such seashore as aforesaid the effects of any polluting matter in any such waters, drain or sewer as aforesaid,

it is necessary to do so, it may take such measures (including the giving of assistance, whether financial or otherwise, to others and the procuring of the taking of measures by others) as it considers appropriate for those purposes and may dispose of any such polluting matter in such manner as it thinks fit.

(2) To the extent (if any) that any measures taken by a local authority or a sanitary authority under this section were necessitated by the acts or omissions of a person (being acts or omissions that the person ought reasonably to have foreseen would or might necessitate the taking of the measures by the authority), the expenditure incurred by the authority in relation to the measures may be recovered by the authority from the person as a simple contract debt in any court of competent jurisdiction.”.