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Power to declare combined drains to be sewers for certain purposes.
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22.—(1) A sanitary authority may declare by order that a specified combined drain shall become and be a sewer for the purposes of the Principal Act and this Act and, whenever it does so, the drain concerned shall, upon the commencement of the order concerned, become and be a sewer for those purposes.
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(2) Whenever a sanitary authority proposes to make an order under subsection (1) in relation to a combined drain—
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(a) it shall, not less than 30 days before the date of the making of the order, give notice in writing of its intention to make the order to the owner of the drain and the occupier of each premises from which trade effluent or sewage effluent is being discharged to the drain, and
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(b) the owner of the drain or an occupier such as aforesaid may within 30 days of the giving to him of the notice aforesaid make representations in writing to the sanitary authority in relation to the making of the order and the authority shall, before deciding whether to make the order, take into consideration any representations made by the owner or occupier.
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(3) An order under subsection (1) shall come into operation on such date (not being less than 6 months after the date of its making) as may be specified therein.
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(4) Copies of an order under subsection (1) shall, within 10 days after the date of its making, be deposited and made available for inspection and purchase at the offices of the sanitary authority by which it was made and a copy thereof shall, within the period aforesaid, be given or served on the owner of the drain concerned and each occupier such as aforesaid.
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(5) Where an order is made by a sanitary authority under subsection (1)—
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(a) the occupier of each premises from which trade effluent or sewage effluent is being discharged to the drain concerned immediately after the making of the order shall, within 6 months after such making apply to the authority for a licence under section 16 of the Principal Act in respect of the discharge,
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(b) an occupier referred to in paragraph (a) who, in pursuance of that paragraph, duly applies for a licence under section 16 of the Principal Act and furnishes any information duly required by the sanitary authority concerned in relation to the application shall be deemed not to have contravened section 16 (1) of the Principal Act during the period from the commencement of the order to the grant or, as the case may be, the expiration of one month after the refusal to grant, the licence, in respect of any discharge to the drain concerned that is similar in nature, composition, temperature and volume, and is made, during that period, at a rate similar to that of the discharge referred to in paragraph (a) during the corresponding period before such commencement; and in a prosecution for an offence under the said section 16, it shall be presumed until the contrary is shown that the discharge concerned is not one to which this paragraph applies,
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(c) a licence under section 4 or 16 of the Principal Act in respect of the discharge of trade effluent or sewage effluent, from the drain to waters or a sewer, as the case may be, shall cease to have effect on the commencement of the order.
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(6) A document purporting to be a copy of an order under subsection (1) and to be certified by an officer of the sanitary authority by which the order was made to be a true copy of the order shall be admissible in any proceedings as evidence of the order.
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(7) A sanitary authority may by order amend or revoke an order made by it under this section.
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(8) In this section “sewage effluent” does not include domestic sewage being discharged to a combined drain and from the combined drain to a sewer.
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(9) An order under subsection (1) may relate to a specified part only of a specified combined drain and references in the preceding subsections of this section to a combined drain shall be construed accordingly.
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