Control of Pollution Act 1974

[F1 34 Consents for discharges of trade and sewage effluent etc. S

(1) An application to [F2 SEPA]] for consent in pursuance of this section for discharges of any effluent or other matter shall be accompanied or supplemented by all such information as [F3 SEPA] may reasonably require; and [F3 SEPA] may if it thinks fit treat an application for consent for discharges at two or more places as separate applications for consent for discharges at each of those places.

(2) Subject to the following section, it shall be the duty of [F4 SEPA, in relation to an application for consent] made in pursuance of this section—

(a) to give the consent either unconditionally or subject to conditions or to refuse it; and

(b) not to withhold the consent unreasonably;

and if within the period of [F4 four] months beginning with the date when an application for consent is received by [F3 SEPA], or within such longer period as may at any time be agreed upon in writing between [F3 SEPA] and the applicant, [F3 SEPA] has neither given nor refused the consent nor informed the applicant that the application has been transmitted to the Secretary of State in pursuance of the following section, [F4 the applicant may treat the consent applied for as having been refused].

(3) If it appears to [F3 SEPA] that a person has, without [F3 SEPA] consent, caused or permitted matter to be discharged. . . F5 in contravention of [F6 section 30F(2) to (4)] of this Act and that a similar contravention by that person is likely, [F3 SEPA] may if it thinks fit serve on him an instrument in writing giving its consent, subject to conditions specified in the instrument, for discharges of a kind so specified; but consent given in pursuance of this subsection shall not relate to any discharge which occurred before the instrument giving the consent was served on the recipient of the instrument.

(4) The conditions subject to which [F3 SEPA] may give its consent in pursuance of this section shall be such reasonable conditions as [F3 SEPA] thinks fit; and without prejudice to the generality of the preceding provisions of this subsection those conditions may include reasonable conditions—

(a) as to the places at which the discharges to which the consent relates may be made and as to the design and construction of any outlets for the discharges;

(b) as to the nature, origin, composition, temperature, volume and rate of the discharges and as to the period during which the discharges may be made;

(c) as to the provision of facilities for taking samples of the matter discharged and in particular as to the provision, maintenance and use of manholes, inspection chambers, observation wells and boreholes in connection with the discharges;

(d) as to the provision, maintenance and testing of meters for measuring the volume and rate of the discharges and apparatus for determining the nature, composition and temperature of the discharges;

(e) as to the keeping of records of the nature, origin, composition, temperature, volume and rate of the discharges and in particular of records of readings of meters and other recording apparatus provided in accordance with any other condition attached to the consent;

(f) as to the making of returns and the giving of other information to [F3 SEPA] about the nature, origin, composition, temperature, volume and rate of the discharges; and

(g) as to the steps to be taken, in relation to the discharges or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising the polluting effects of the discharges on any controlled waters;

and it is hereby declared that consent may be given in pursuance of this section subject to different conditions in respect of different periods.

[F7 (5) A person who, in an application for consent in pursuance of this section, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.]

Textual Amendments

F1 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F2 Words in s. 34 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 Words in s. 34 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(9)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 Words in s. 34(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(9)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 Words in s. 34(3) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(9)(c), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6 Words in s. 34(3) substituted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F7 S. 34(5) substituted (1.4.1996) by 1995 c. 25, s. 112, Sch. 19 para. 1(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1 Ss. 34, 35 extended by S.I. 1984/863, reg. 3, Sch. 1

C2 S. 34 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 34 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)