PART 5 | Written permission for discharge of trade effluent, oil, chemical, sewage or other polluting matters |
| 15.—(1) Any person who discharges, or causes or permits to be discharged, any trade effluent, oil, chemical, sewage or other polluting matters into any drain or land, without a written permission from the Director‑General, shall be guilty of an offence. [12/2011] | (2) Where any trade effluent, oil, chemical, sewage or other polluting matters has been discharged from any premises into any drain or land, it is presumed, until the contrary is proved, that the occupier of the premises, other than a principal contractor to which section 35 applies, had discharged, or caused or permitted to be discharged, the trade effluent, oil, chemical, sewage or other polluting matters in contravention of subsection (1). |
| (3) Subject to subsection (4), any person who causes or suffers any trade effluent, oil, chemical, sewage or other polluting matters to enter or pass into any drain or land without a written permission from the Director‑General (whether wilfully or by accident) must immediately inform the Director‑General of such occurrence. [12/2011] |
| (4) The requirements in subsection (3) may be waived by the Director‑General in any case where the amount of trade effluent, oil, chemical, sewage or other polluting matters is, in the opinion of the Director‑General, not of a substantial nature. |
| (5) Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
| (6) This section does not apply to the discharge of a toxic substance or hazardous substance to which section 17 applies. |
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| Plant for treatment of trade effluent |
| 16.—(1) The occupier of any premises must treat any trade effluent discharged from the premises in the manner that may be prescribed before the trade effluent is discharged into any drain or land pursuant to a written permission granted under section 15. [12/2011] | (2) A person using, working or operating any plant for the purpose of treating any trade effluent must use, work or operate and maintain the plant in the manner that the Director‑General may require. |
(3) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable —| (a) | on the first conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and | | (b) | on a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. |
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| Penalties for discharging toxic substances or hazardous substances into inland waters |
17.—(1) Any person who discharges, or causes or permits to be discharged, any toxic substance or hazardous substance into any inland water so as to be likely to cause pollution of the environment shall be guilty of an offence and shall —| (a) | be liable on the first conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | be punished on a second or subsequent conviction with both imprisonment for a term of not less than one month and not more than 12 months and a fine not exceeding $100,000. |
| (2) Where a person carrying on any trade or business has been convicted of a second or subsequent offence under subsection (1)(b) for the discharge of, or for causing or permitting the discharge of, any toxic substance or hazardous substance which is produced by any process or work in connection with that trade or business, the Agency may, by written order, direct that person to immediately cease carrying on that process or work either indefinitely or for the period that may be specified in the order. |
| (3) Any person who fails to comply with an order made under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. |
| (4) If any person fails to comply with an order made under subsection (2), the Director‑General may take any step or measure that is necessary to ensure that the order is complied with and the reasonable costs and expenses incurred by the Director‑General in taking such step or measure are recoverable from the person in default as a debt due to the Agency. |
(5) For the purposes of this section —| (a) | a person is deemed to have discharged a toxic substance or hazardous substance into any inland water if the person places the substance or causes it to be placed in a position where it is liable to fall or descend or be washed or to percolate or be blown into the water; | | (b) | the discharge of a toxic substance or hazardous substance is deemed to cause pollution of the environment if the substance has been discharged or placed in such a manner or in such quantity (whether by itself or with any other substance) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten to pollute (whether on the surface or underground) any inland water; | | (c) | the fact that the toxic substance or hazardous substance is placed in containers is not of itself taken to exclude any pollution of the environment which might be expected to be caused if the substance were not in containers; and | | (d) | where the toxic substance or hazardous substance has been discharged from any premises into any inland water, it is presumed, until the contrary is proved, that the occupier of the premises, other than a principal contractor to which section 35 applies, had discharged, or caused or permitted to be discharged, the toxic substance or hazardous substance in contravention of subsection (1). |
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| (6) No prosecution may be instituted under this section without the written consent of the Public Prosecutor. |
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| Power of Director-General to require the removal and cleaning up of toxic substance or trade effluent, oil, chemical, sewage, hazardous substance or other polluting matters |
18.—(1) The Director-General may, by written notice, require any person who has discharged or caused or permitted to be discharged or spilled any toxic substance, trade effluent, oil, chemical, sewage, hazardous substance or polluting matters onto any land or into any drain or the sea, to remove and clean up such toxic substance, trade effluent, oil, chemical, sewage, hazardous substance or polluting matters within a specified time to be fixed by the Director‑General as he or she considers fit.| (2) Any person who fails to comply with a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. |
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| Power of Director-General to require measures to be taken to prevent water pollution due to storage or transportation of toxic substances or any other polluting matters |
19.—(1) The Director-General may, by written notice, require any person who effects, permits or carries out any activity related to the storage or transportation of a toxic substance or any other polluting matters —| (a) | to use a method of storage, operation or process to prevent water pollution; | | (b) | to construct or install spill containment facilities; | | (c) | to use containers, tanks, tank containers or road tankers that are constructed to meet stipulated standards and with approved materials; | | (d) | to install and operate equipment to prevent any leakage or discharge from containers, tanks, tank containers or road tankers; | | (e) | to install and operate pollution monitoring equipment to prevent and detect any leakage or discharge; | | (f) | to carry out specific tests on equipment, tanks or any other related facilities and to submit the results of these tests; | | (g) | to prepare and submit contingency plan for events of accidental discharge or spillage of oil, chemicals, trade effluent or other polluting matters; and | | (h) | to carry out any works as required by the Director‑General that are necessary to prevent water pollution. |
| (2) Any person who fails to comply with any requirement in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. |
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