SEWAGE DISCHARGE CONTROL REGULATIONS

SUBSIDIARY LEGISLATION 545.08

SEWAGE DISCHARGE CONTROL REGULATIONS

11th June, 2002

LEGAL NOTICE 139 of 2002, as amended by Legal Notices 378 of 2005

and 426 of 2007.

The title of these regulations is the Sewage Discharge

Control Regulations.

Amended by

L.N. 378 of 2005.

Substances with a Particular Biological Significance

Due to their Toxicity, Persistence and Bioaccumulation

Organohalogen compounds and substances which form such compounds in the

aquatic environment with the exception of those which are biologically harmless or

which are rapidly converted into biologically harmless substances.

Organophosphorus compounds with the exception of those which are biologically

harmless or which are rapidly converted into biologically harmless substances.

Organotin compounds with the exception of those which are biologically harmless

or which are rapidly converted into biologically harmless substances.

Substances in respect of which it has been proved that they possess carcinogenic,

teratogenic or mutagenic properties in or via the aquatic environment.

Mercury and its compounds.

Cadmium and its compounds.

Persistent mineral oils and hydrocarbons of petroleum origin.

Persistent synthetic substances which may float, remain in suspension or sink and

which may interfere with any use of the waters.

Radioactive substances, including their wastes, when their discharges do not

comply with the principles of radiation protection as defined by the Radiation

Protection Board, taking into account the protection of the aquatic environment.

In these regulations, unless the context otherwise requires

"best available technology" means those measures which are

generally and authoritatively practised and accepted as complying

with established standards of performance;

"Chief Executive" means the Chief Executive of the Water

Services Corporation and includes any officer of the Corporation

who is authorised by him to act on his behalf;

"domestic sewage" means the contents of lavatories and water

which has been used for cooking or washing and other waste water

ordinarily removed from domestic premises, and the contents of

lavatories and other water used for personal hygiene and similar

purposes removed from any trade premises, laundry or office, or

originating from the wholesale or retail of goods which have not

undergone any processing;

"effluent" means any domestic sewage, prohibited effluent or

trade effluent which is intended for discharge into the public

sewerage system;

"permit" means the public sewer discharge permit mentioned in

regulations 4 and 8;

"person" includes any body of persons or any body corporate

established by law;

"prohibited effluent" means any effluent which is not domestic

sewage or trade effluent as described in regulation 3;

"public sewerage system" means the sewerage system owned by

the Water Services Corporation;

"stormwater run-off" shall include rainwater which is not

absorbed by the ground or which does not evaporate and which is

not collected in cisterns;

"trade effluent" means any liquid (either with or without particles

of matter in suspension or dissolved in it), other than stormwater

run-off and domestic sewage, which is discharged from trade

premises, and as described in regulation 4;

"trade premises" means any land or building, used partly or in

wh o l e f or t h e pu r p o s e s o f un d e r t a k i n g a n y c o m m e r c ia l , o r

industrial activity, and any premises wholly or mainly used

(whether for profit or not) for agriculture, or animal husbandry, or

horticultural purposes or for scientific research or experiment.

Substances of a Hazardous nature of Less Significance

than those appearing in Schedule A

The following metalloids and metals and their compounds

zinc

selenium

tin

vanadium

copper

arsenic

barium

cobalt

nickel

antimony

beryllium

thallium

chromium

molybdenum

boron

tellurium

lead

titanium

uranium

silver

Biocides and their derivatives not appearing in Schedule A.

Substances which have a deleterious effect on the taste and/or smell of the

products for human consumption derived from the aquatic environment, and

compounds liable to give rise to such substances in water.

Toxic or persistent organic compounds of silicon and substances which may give

rise to such compounds in water, excluding those which are biologically harmless or

are rapidly converted in water into harmless substances.

Inorganic compounds of phosphorus and elemental phosphorus.

Non-persistent mineral oils and hydrocarbons of petroleum origin.

Cyanides and fluorides.

Substances which have an adverse effect on the oxygen balance, particularly

ammonia and nitrites.

Micro-organisms, other than those contained in domestic sewage.

(1) No person shall discharge any prohibited effluent from

any trade premises into the public sewerage system.

(2) Prohibited effluents are those discharges which contain any

of the group of substances listed in Schedule A in concentrations

significantly higher than those existing upstream of the discharge

point in the receiving sewer.

(3) An effluent is considered as prohibited, unless it is certified

as non-toxic to activated sludge as per OECD 209 or equivalent

certification.

(4) Sea-water and reject waters of a reverse-osmosis plant, a

water softener, a desalination plant, a de-ionising plant, and other

treatment plants are to be considered as prohibited effluent.

Amended by

L.N. 378 of 2005.

Guideline Maximum Discharge Concentration Values

1. pH between 6 and 10

2. Temperature: 40°C

3. Settleable solids: 20 ml/L

4. Suspended solids: 500 mg/L

5. Total Kjeldahl Nitrogen: 100 mg/L as N

6. Sulphides and compounds releasing hydrogen sulphide on acidification: 10

mg L as S

7. Hydrocyanic acid and compounds

releasing

hydrocyanic

acid

on

acidification: 10 mg/L as CN

8. Total Sulphates: 1000 mg/L as SO 4

9. Free and emulsified grease: 200 mg/L

10. Free Chlorine: 100 mg/L as Cl mg/l

11. Chloride: 1000 mg/L as CI

12. Total Chromium: 5 mg/L as Cr

13. Total Silver: 5 mg/L as Ag

14. Total Nickel: 5 mg/L as Ni

15. Total Copper: 5 mg/L as Cu

16. Total lead: 1 mg/L as Pb

17. Total Zinc: 10 mg/L as Zn

18. Total non-ferrous metals: 30 mg/L

No person shall discharge any trade effluent from any trade

premises into the public sewerage system unless he holds a public

sewer discharge permit issued to him by the Chief Executive.

Amended by

L.N. 426 of 2007.

Application for the Granting of a Public Sewer

Discharge Permit

SECTION A

I ................................................................................. (name) as representative of

................................................................................................................ residing at

Telephone: .......................... Telex: ........................... Fax: ......................................

am applying for a permit to discharge effluent into the public sewer during the one

year period from ............................ to .......................... .

Address of premises from which eftluent will be discharged

The following is a brief outline of activities/processes envisaged to be carried out

at the above premises during the above mentioned period

The substances that will be used at the above premises (not necessarily discharged

in the effluent) during the said period are

Substances

Kg

The proposed point of discharge is indicated in the attached site plan, scale

1:2500, which is signed by Architect and Civil Engineer ...........................................

(name in BLOCK LETTERS)

Declaration by Applicant

à

* I declare that the effluent to be discharged from the above mentioned

premises is exclusively domestic sewage i.e. effluent resulting exclusively from

activities related to the habitation of humans, such as the use of toilets, wash hand

basins, showers and kitchen facilities.

à

* I declare that the effluent to be discharged from the above mentioned

premises is trade effluent having the same characteristics as approved in Public

Sewer Discharge Permit No. ........... covering the period from ............. to ................

(If these options are chosen, you may proceed to SECTION E)

o

* I declare that the effluent to be discharged from the above mentioned

premises is, at least partly, trade effluent, as defined in the Sewer Discharge Control

Regulations. For this reason, I am supplying the following information which, I

understand, shall be treated as strictly confidential.

* tick the appropriate box

SECTION B

(TO BE FILLED IN FOR THE DISCHARGE OF TRADE EFFLUENT)

Type of industrial activity/processes envisaged to take place in above premises

during the year (please tick appropriate box/boxes)

ACTIVITY I - MANUFACTURING AND PROCESSING

chemical (s) à

specify which chemical(s)

textiles & clothes

à

shoes

à

metal goods

à

wines & spirits

à

beer

à

soft drinks

à

mineral water

à

paint & pigments à

paper & cardboard

à

batteries

à

plastic & resin

à

food

à

tobacco

à

leather

à

stone & marble

à

tiles

à

carpentry

à

glue

à

soap & detergent

à

explosives

à

candle

à

rubber

à

glass & porcelain

à

lime

à

electronic components

à

other

à

specify which

ACTIVITY II - SERVICING

electroplating

à

motor vehicles

à

photographic printing

à

laundries

à

dry cleaning

à

shipbuilding

à

other

à

specify which

ACTIVITY III - MISCELLANEOUS

catering

à

waste processing à

agricultural

à

petroleum

à

animal husbandry

à

power generation à

hotel

à

hospital/clinic

à

school

à

dyeing

à

water desalination

à

printing

à

aquaculture

à

other

à

specify which

SECTION C

VOLUME of effluent to be discharged during the year: .............................. m 3

MAXIMUM FLOW per hour: .................................L

SECTION D

I declare that the effluent characteristics will be as follows

NAME OF SUBSTANCE

(a)*

(b)**

*(a) maximum concentration in effluent, expressed in mg/L

**(b) total amount of material to be discharged in sewerage system during year,

expressed in Kg.

SECTION E

I declare that the information contained above is true.

Signed: ......................................... Date: ......................................................

official stamp

of in dustrial

concern

€ 11 . 6 5 f e e f o r f i r s t

application or any

subsequent application

not being a renewal

No person shall discharge from any premises into the

public sewer any effluent containing any material which alone, or

in combination with the contents of the sewer, is likely -

(a) to damage the sewerage system, including pipework,

sumps and equipment, or block, cause overflows or in

any other way interfere with the free flow of the

contents of the sewer. Such material includes

excessive amounts of the following

-

scum forming substances, including straw, fats,

hair and feathers;

-

gross solids, including animal dung, bones and

vegetable material;

-

acids;

(b) to constitute a health hazard to sewer maintenance

personnel by the emission of flammable, explosive,

toxic, irritating or asphyxiating gases or vapours. Such

material includes excessive amounts of the following

-

volatile organic compounds, including solvents;

-

substances rich in sulphur and sulphur-

containing compounds which tend to evolve

hydrogen sulphide under sewer conditions;

(c) to interfere with treatment and recovery of liquid and

solid waste. Such material includes excessive amounts

of the following

-

substances which create a high oxygen demand,

including biodegradable organic compounds,

total Kjeldahl nitrogen;

-

non-biodegradable organic matter;

-

surfactants, salts, biocides;

-

nitrification inhibitors;

-

heavy metals;

-

boron and other substances which render the

material recovered from waste unfit for re-use;

(d) to bring about adverse aesthetic or other objectionable

effects on the marine ecosystem upon discharge into

the marine environment. Such material includes

excessive amounts of the following

-

floating materials;

-

settleable solids which smother benthic marine

life;

-

substances which are toxic to marine life.

(1) The discharge of any substance, including such

substance as is listed in Schedule B, shall be restricted according to

the provisions of regulation 5.

(2) Guideline maximum discharge concentration values for

selected substances are shown in Schedule C.

(1) Whenever any person intends starting operations in

trade premises whereby the discharge of trade-effluents into the

public sewerage system is envisaged, he shall apply to the Chief

Executive for the issuing of a permit.

(2) Whosoever, at the time of the coming into force of these

regulations, is already discharging trade effluents from trade

premises into the public sewerage system shall apply to the Chief

Executive for the issuing of a permit.

(3) Any person so applying in terms of subregulations (1) and

(2) shall be deemed in conformity with these regulations until the

Chief Executive either issues or refuses to issue the permit as the

case may be.

(4) Any person who, having been granted a permit, intends to

perform a change in activities in his trade premises, which change

may result in a modification in the nature, flow or composition of

the effluent to be discharged, shall apply to the Chief Executive for

the modification of the permit conditions prior to the expiry date

indicated on the same permit.

(5) There shall be paid to the Water Services Corporation a fee

of eleven euro and sixty-five cents (€11.65) for a first application,

and for any subsequent application which is not a renewal, for the

issue of a public sewer discharge permit.

(1) An application for the issue of a public sewer discharge

permit shall be submitted to the Chief Executive on the prescribed

form shown in Schedule D.

(2) The Chief Executive may demand additional information

from the applicant which, together with the information originally

submitted in the prescribed form, shall be considered as

confidential.

(3) The permit shall be issued in writing by the Chief

Executive to such person who applied for it and the permit shall be

valid for a period of one year to be specifically indicated on the

said permit.

(4) The Chief Executive shall always have the power to change

the conditions of the permit, should circumstances so require.

SEWAGE DISCHARGE CONTROL

(1) The Chief Executive may issue the permit subject to

any conditions he may deem fit to impose.

(2) The Chief Executive may also impose conditions for the

discharge of effluent containing objectionable substances other

than those specified under regulations 4, 5 and 6.

(3)

The permit may include any of the following conditions

(a) a convenient point for inspecting and sampling the

effluent before discharge into the receiving sewer;

(b) an indicated point on the sewer line at which the

effluent may be discharged;

(c) the recording of discharge parameters as specified,

which records shall be made available to the Chief

Executive as he may from time to time require;

(d) specific discharge regimes;

(e) maximum component discharge concentrations which

shall not be reached by dilution of the effluent by tap

water, groundwater, stormwater or sewage;

(f)

maximum amount of components discharged, which

amount shall not be exceeded over a stipulated period

of time;

(g) a pollution fee to be received by the Chief Executive

for the reception, treatment and disposal of the

effluent;

(h) a time-schedule to achieve compliance with the

regulations.

(4) In imposing such conditions, the Chief Executive shall

consider all relevant circumstances, such as the volume and the

flow pattern of the discharge, the size and the flow in the receiving

sewer and the presence of treatment facilities downstream of the

discharge point, as well as the best available technology.

(1) Every person who discharges any effluent into the

public sewerage system shall give to the Chief Executive all

reasonable facilities and all such information as may be reasonably

required by him for the purpose of ascertaining whether the

provisions of these regulations are being complied with.

(2) For the purpose of carrying into effect any of these

regulations the Chief Executive may exercise the powers set out

below

(a) enter at any reasonable time any premises which he

has reason to believe it is necessary for him to enter or

enter such premises at any time when in his opinion a

situation so warrants;

(b) take with him a police officer if he has reasonable

cause to anticipate any serious obstruction in the

execution of his duty;

(c) take with him any equipment or materials required for

any purpose for which the power of entry is being

exercised;

(d) make such examination and investigation as may in

any circumstances be necessary for that purpose;

(e) direct that any premises which he has power to enter or

any part of them or anything therein, shall be left

undisturbed for so long as is reasonably necessary for

the purpose of any examination or investigation under

paragraph (d);

(f)

take such measurements and photographs and make

such recordings as he considers necessary for the

purpose of any examination or investigation under

paragraph (d);

(g) take samples of any article or substance found in any

premises which he has power to enter, and in the

atmosphere in or in the vicinity of any such premises,

and take possession of any such article or substance

for so long as is necessary for all or any of the

following purposes

(i)

to examine them and do to them anything which

he has power to do under paragraph (d);

(ii) to ensure that they are not tampered with before

his examination thereof is completed;

(iii) to ensure that they are available for use as

evidence in any proceedings for an offence

under any of the relevant legislative provisions;

(h) require any person whom he has reasonable cause to

believe to be able to give any information relevant to

any examination or investigation under paragraph (d),

to answer (in the absence of persons other than a

person nominated by him and any persons whom the

Chief Executive may allow to be present) such

questions as the Chief Executive thinks fit to ask and

to sign a declaration of the truth of his answers;

(i)

require the production of, inspect and take copies of

any entry in -

(i)

any books or documents which by virtue of any

provisions of these regulations are required to be

kept; and

(ii) any other books or documents which may be

necessary for him to see for the purpose of any

examination or investigation under paragraph

(d);

(j)

exercise any other power which is necessary for that

purpose.

(3) Any person who obstructs the Chief Executive or provides

misleading information shall be guilty of an offence.

The Chief Executive may appoint and authorise any officer

in the Water Services Corporation for the purpose of carrying into

effect the provisions of these regulations and such officer shall be

furnished by the Chief Executive with a certificate of appointment,

and shall, if so required when exercising or seeking to exercise any

power conferred on him by any provisions of these regulations,

produce this certificate or a duly authenticated copy thereof.

If any officer who, in pursuance of the powers conferred by

regulation 10, is admitted into any building, discloses to any person

any manufacturing process or trade secret, he shall, unless the

disclosure was made in the performance of his duty, be guilty of an

offence.

Where any person is found guilty of an offence against the

provisions of these regulations, he shall be liable to a fine (multa)

of not less than two hundred and thirty-two euro and ninety-four

cents (€232.94) and moreover to a penalty of not less than two

hundred and thirty-two euro and ninety-four cents (€232.94) per

day from the date of the conviction to the date in which such

person complies with the said provisions, provided that such fine

and penalty together shall not in any case exceed the amount of

twenty-three thousand and two hundred and ninety-three euro and

seventy-three cents (€23,293.73).

In the case of a second or subsequent conviction for any

offence committed by any person exercising any art, trade or other

calling in virtue of a licence from the competent authority, in

connection with the exercise of such art, trade or other calling, it

shall be lawful for the court to cancel the licence, or to suspend the

same for any time, in its discretion.

(1) In the case of any offence, the court, besides awarding

punishment, shall order the offender, where the occasion so

requires, to abate the nuisance arising from the offence, or,

according to circumstances, to carry out the law within a time,

sufficient for the purposes, to be fixed by the court; and, if the

offender fails to comply with any such order within the time so

fixed, he shall be liable to a fine (multa) of not less than two

hundred and thirty-two euro and ninety-four cents (€232.94) for

every day the default continues after the expiration of the said time.

(2) The court may also order that the nuisance be abated, or

that the law be carried out by the Police at the expense of the

offender, in which case he may be made to refund the expense

under a warrant issued by the court.

In any proceedings for an offence under these regulations

consisting of a failure to comply with a duty or requirement to act

according to the principles of the best available technology, it shall

be for the accused to prove that it was not possible for him to do

more than was in fact done to satisfy these principles.

(1) Where an offence under these regulations is committed

by a body or other association of persons, every person who, at the

time of the commission of the offence, was a director, manager,

secretary or other similar officer of such body or association, or

was purporting to act in any such capacity, shall be guilty of that

offence unless he proves that the offence was committed without

his knowledge and that he exercised all due diligence to prevent the

commission of the offence.

(2) In the event of an offence by any person infringing any of

these regulations which expressly imposes any duty upon him, that

person shall be guilty of an offence and the owner or the person in

whose name the trade premises is carried on, as the case may be,

shall not be guilty of an offence unless it is proved that he failed to

take all reasonable steps to prevent the offence.

Save as otherwise expressly provided, any damages arising

from any offence shall be recoverab1e by the Chief Executive or by

an injured party as a civil debt.

Total soluble non-ferrous metals: 10 mg/L

Total Arsenic: 0.05 mg/L as As

Total Fluoride: 10 mg/L as F

Total Boron: 2 mg/L as B

Discharges having higher levels of chlorides may be authorised, subject to the

submission by the owner of the trade premises of an implementation plan to be

agreed by the Water Services Corporation. The plan will set definite deadlines by

when full compliance with the level specified in Schedule C of the Sewer Discharge

Control Regulations will be achieved, taking into consideration the effect of the

quality and quantity of these discharges on existing infrastructure.