River Boyne Water Quality Management Plan - EPA

River Boyne Water Quality Mnnsgrrnrnl Plan4.10 Legislation and Regulatiorts4.10.1 LegislationThe control of water pollution is principally governed by the Local Government (Water Pollution)Act 1977 and the Local Government (Water Pollution) (Amendment) Act 1990 together with theassociated Local Government (Water Pollution) Regulations 1978 to 1996. In essence, it is astatutory offence under the Water Pollution Act to "cause or permit any pollutant matter to enterwaters". One of the main provisions of the Act is to provide for a licensing system to control thedischarge of trade or sewage effluent to a watercourse or sewer.The Act requires that any undertaking which is going to discharge trade effluent or sewage to awatercourse must apply for a licence. Such licences are issued subject to conditions laid down by theLocal Authority. Effluent monitoring to be carried out by the licencee is normally a licencerequirement and the results must be made available for inspection at any time by the Local AuthorityFailure to comply with the terms of a licence is a statutory offence, and while in theory ally personmay prosecute the culprit, in practice due to the difiiculties in obtaining proof, only the LocalAuthority or the Fishery Boards have taken prosecutions.The Local Authority is given a general power to take any actie#it deems necessary to preventpollution or remove polluting matter from waters and the pol@:r is liable to repay the full cost ofthese measures to the Local Authority. The Act also the Local Authority to serve noticerequiring specific action to be taken to prevent p @matter from entering waters and for theS'recovery of the costs of such action.The Amendment Act of 1990 essentially str+pens the provisions of the 1977 Act and the waterpollution control provisions of the ~ish@$$'(~onsolidation) Act, 1959. The fines have beensubstantially increased under the 1990 ~$.b@hereb~ the maximum fine on summary conviction hasincreased from E250 to £!,000 and orl&Gnviction on indictment from £5,000 to £25,000. Theseincreases apply to offences under b$'the Water Pollution and the Fisheries Acts. The Principal(1977) Act provides in Section 17 i%"r review of licences for discharge to sewer at intervals of not lessthan three years.For inspection purposes only.Consent of copyright owner required for any other use.In addition to the provisions in Irish Law, there are a number of directives and regulations emanatingfrom the European Union concerning water quality. Regulations are binding in their entirety andimmediately applicable in all members states. Directives on the other hand leave the form andmethods of achievement to the discretion of the national authorities and are binding on the memberstates to which they are addressed.EPA Export 26-07-2013:17:27:00