Control of Pollution Act 1974

32 Control of discharges of trade and sewage effluent etc into rivers and coastal waters etc.

(1) Subject to subsections (3) to (5) of this section, a person shall be guilty of an offence if he causes or knowingly permits—

(a) any trade effluent or sewage effluent to be discharged—

(i) into any relevant waters, or

(ii) from land in Great Britain through a pipe into the sea outside controlled waters, or

(iii) from a building or from plant on to or into any land or into any lake, loch or pond which does not discharge into a stream ; or

(b) any matter other than trade or sewage effluent to be discharged into relevant waters from a sewer as defined by section 343 of the [1936 c. 49.] Public Health Act 1936 or, in Scotland, by section 59(1) of the [1968 c. 47.] Sewerage (Scotland) Act 1968 or from a drain as so defined ; or

(c) any matter other than trade or sewage effluent to be discharged into relevant waters from a drain which a highway authority or other person is entitled to keep open by virtue of section 103 of the [1959 c. 25.] Highways Act 1959, or in Scotland from works which a highway authority is obliged or entitled to keep open by virtue of section 10 of the [1970 c. 20.] Roads (Scotland) Act 1970, and in respect of which the water authority in whose area the discharge occurs has, not later than the beginning of the period of three months ending with the date of the discharge, served on the highway authority or other person a notice stating that this paragraph is to apply to the drain or works,

unless the discharge is made with the consent in pursuance of section 34 of this Act of the water authority in whose area the discharge occurs (or, in a case falling within paragraph (a)(ii) of this subsection, of the water authority whose area includes the point at which the pipe passes or first passes into or under controlled waters from the sea outside them) and is in accordance with the conditions, if any, to which the consent is subject.

(2) Where any sewage effluent is discharged as mentioned in paragraph (a) of the preceding subsection from any works or sewer vested in a water authority and the authority did not cause or knowingly permit the discharge but was bound to receive into the works or sewer, either unconditionally or subject to conditions which were observed, matter included in the discharge, the authority shall be deemed for the purposes of that subsection to have caused the discharge.

(3) The Secretary of State may—

(a) by an order made before subsection (1) of this section comes into force provide that that subsection shall not, while the order is in force, apply to discharges which are of a kind or in an area specified in the order and for which, if this Act had not been passed, consent in pursuance of the Rivers (Prevention of Pollution) Acts 1951 to 1961 or the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 or section 72 of the [1963 c. 38.] Water Resources Act 1963 would not have been required;

(b) by order vary or revoke any order in force by virtue of the preceding paragraph;

and an order made by virtue of this subsection may require any water authority specified in the order to publish in a manner so specified such information about the order as is so specified.

(4) Subsection (1) of this section shall not apply to any discharge which—

(a) is from a vessel; or

(b) is authorised by a licence granted under the [1974 c. 20.] Dumping at Sea Act 1974 ; or

(c) is caused or permitted in an emergency in order to avoid danger to the public if, as soon as reasonably practicable after the discharge occurs, particulars of the discharge are furnished to the water authority in whose area it occurs.

(5) A water authority shall not be guilty of an offence by . virtue of subsection (1) of this section by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if—

(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works ; and

(b) the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c) the authority could not reasonably have been expected to prevent the discharge into the sewer or works;

and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a water authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

(6) In the application of subsection (2) of this section and the preceding subsection to Scotland, for the references to a water authority there shall be substituted references to a local authority within the meaning of the [1968 c. 47.] Sewerage (Scotland) Act 1968.

(7) A person who is guilty of an offence by virtue of subsection (1) of this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding £400 or both or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.