Environmental Protection Agency Act, 1992

Discharges to sewers.

97.—(1) Where the Agency proposes to grant a licence (including a revised licence) which involves a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, it shall obtain the consent of the sanitary authority in which the sewer is vested or by which it is controlled.

(2) A sanitary authority may consent to a discharge under subsection (1) subject to such conditions as it considers appropriate and the Agency shall include such conditions or stricter conditions in the licence or revised licence.

(3) Without prejudice to the generality of subsection (2), conditions attached to a consent by a sanitary authority under this section may—

(a) relate to—

(i) the nature, composition, temperature, volume, level, rate, method of treatment and location of a discharge and the period during which a discharge may, or may not, be made,

(ii) the provision, operation, maintenance and supervision of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effect of emissions,

(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority,

(b) provide for the payment by the licensee to the sanitary authority concerned of such amount or amounts as may be determined by the sanitary authority having regard to the expenditure incurred or to be incurred by it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area,

(c) specify a date not later than which any conditions shall be complied with.

(4) A sanitary authority may request the Agency to review a licence or revised licence to which this section relates—

(a) at intervals of not less than three years from the date of the licence or the last review of the licence,

(b) at any time with the consent, or on the application, of the person making, causing or permitting the discharge, or

(c) at any time if—

(i) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence or revised licence is, or is likely to be, injurious to public health or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses or is, or is likely to be otherwise, a serious risk to the quality of the waters,

(ii) there has been a material change in the nature or volume of the discharge,

(iii) there has been a material change in relation to the waters to which the sewer concerned discharges, or

(iv) further information has become available since the date of the grant of the licence or revised licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter,

and the Agency shall consider and may comply with such request and shall have regard to any submission on the matter received from the sanitary authority.